IN RE Vs. DUNN FOODS PRIVATE LIMITED
LAWS(NCLT)-2017-5-336
NATIONAL COMPANY LAW TRIBUNAL
Decided on May 02,2017

IN RE Appellant
VERSUS
DUNN FOODS PRIVATE LIMITED Respondents

JUDGEMENT

R.P. Nagrath, Member - (1.) This is an application filed by M/s. Dunn Foods Private Limited a Corporate Debtor' itself in Form 6 as prescribed by sub rule (1) of Rule 7 of the Insolvency and Bankruptcy {Application to Adjudicating Authority) Rules, 2016 (for brevity, 'the Rules') for initiating corporate insolvency resolution process under Sections 10, 13 and 14 of the Insolvency and Bankruptcy Code, 2016 (for brevity, 'the Code') at the instance of the 'Applicant/Corporate Debtor', The 'Applicant/Corporate Debtor' also falls within the term 'Corporate Applicant' as defined in sub-section (5) of Section 5 of 'the Code'.
(2.) It is represented by Mr. G.S. Sarin, Practising Company Secretary the Authorised Representative of the 'Applicant/Corporate Debtor' that the Applicant Company' was incorporated on 17.04.2003 with the Registrar of Companies, Punjab & Chandigarh. This is part of Annexure Vll-B containing the Memorandum & Articles of Association of the Applicant/Corporate Debtor'. The 'Applicant/Corporate Debtor' has been allotted CIN No. U15419PB2003PTC025934.
(3.) The authorised share capital of the 'Applicant/Corporate Debtor' is Rs.13,50,00,000 and its paid up capital is Rs.13,42,00,000/-. There are presently three Directors of the 'Applicant/Corporate Debtor' with distinct DIN numbers as per list at page 501 and six shareholders as per Annexure VI (F) of the Paper Book with major shareholding belonging to:- It is also represented that the 'Applicant/Corporate Debtor' passed resolution dated 30.03.2017 Annexure 'Vll-A' authorising Mr. Sunil Guglani, Director of the Company to file an application under Section 10 of Insolvency and Bankruptcy Code, 2016 and Rules made thereunder to initiate Corporate Insolvency Resolution process of the Company before NCLT.;


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