Vijai Pratap Singh, Member - (1.) This petition was originally filed before the Hon'ble High Court under section 433, 434 and 439 of the companies Act,1956. The Hon'ble High Court at Calcutta transferred the petition to this Tribunal in view of Government Notification dated 28th November,2017. Vide order dated 5th April,2017this Tribunal issued direction to re-submit the application in proper proforma as per S 8 & 9 of the l&B code,2016.
(2.) In compliance of the order the petitioner filed the instant petition under section 8 and 9 of the Insolvency & Bankruptcy Code, 2016 (hereinafter referred to as I & B code) 2016 read with Rule 6 of the Insolvency and bankruptcy (Application to Adjudicating Authority) Rules, 2016 (hereinafter referred to Adjudicating Authority Rules, 2016) for initiation of corporate insolvency process against corporate debtor Ess Dee Aluminium Limited.
(3.) The applicant Operational Creditor is Henkel Adhesives Technologies India Private whose identification no. is U28933MH1990PTC234233 and having its registered office at 10th & 11th Floor, Kesar Solitaire, Plot No.5, Sector-19, Palm Beach Road, Sanpada, Navi Mumbai- 400705. Ess Dee Aluminium Limited whose identification no. is CIN:L27203WB2004PLC170941, 1 Sagore Dutta Ghat Road, Kamarhati, Kolkata, West Bengal- 700058.;