Gammon India Limited vs. Neelkanth Mansions and Infrastructure Private Limited [Company Appeal (AT) (Insolvency) No. 698 of 2018] - Synopsis
Team SoOLEGAL 9 Nov 2020
In this particular case, Gammon India Limited vs. Neelkanth Mansions and Infrastructure Private Limited [Company Appeal (AT) (Insolvency) No. 698 of 2018], as an operating creditor, Gammon India Limited filed an application with the NCLT, Mumbai Bench under Insolvency and Bankruptcy Code for initiating CIRP against 'Neelkanth Mansions and Infrastructure Private Limited, the respondent in this particular case. The said application was dismissed by the NCLT on 23 August 2018 on the ground that the same was not maintainable against a partnership company. Gammon India Limited, the appellant in this particular case brought an appeal before the NCLAT, having been aggrieved by the decision. It was the case of the appellant dated 17 June 2005, a collaboration business in the type of 'M/s Gammon Neelkanth Reality Corporation was formed between the Corporate Debtor and two other companies, 'Neelkanth Realtors Private Limited' (NRPL) and 'Gammon Housing and Estates Developers Limited' (GHEDL), i.e. a group company of the Appellant. It is important to note that the appellant has taken forward the relevant bills against the partnership company in question. The NCLAT noted that the bill was levied against the aforementioned partnership company, where the partners were Corporate Debtor, NRPL and GHEDL. Among other items, the NCLAT held that, since the balance is due from the partnership company, even though the 'Corporate Debtor' is one of the partners or more than one partner, an appeal under the Code should not be retained.


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