2022 (8) TMI 1469 - AT - Insolvency and Bankruptcy

Application filed u/s 7 of the IBC 2016 dismissed on the sole ground being barred by limitation - HELD THAT - The issue regarding the appreciation of the balance sheets which has now become part of record is to be looked into by the Adjudicating Authority to hold as to whether the application filed under Section 7 of the Code is within limitation or not. Therefore this matter requires a relook by the Adjudicating Authority especially after the amendment has been made in the application filed under Section 7 of the Code to find out as to whether the application filed under Section 7 is within limitation in terms of the alleged acknowledgment of the part of the Respondent by way of the entries made in the balance sheets. The matter is remanded back to the Adjudicating Authority to reconsider the amended application filed under Section 7 of the Code at the instance of the Appellant - Appeal allowed by way of remand.

Summary

Issues involved:
1. Dismissal of application under Section 7 of the Insolvency and Bankruptcy Code, 2016 on the ground of being barred by limitation.
2. Appeal against the order of the Adjudicating Authority.
3. Amendment of the application under Section 7 to incorporate acknowledgment based on balance sheets.
4. Adjudication of whether the amended application is within the period of limitation.
5. Jurisdiction of the Adjudicating Authority in determining the application's limitation status.

Issue 1: Dismissal of application under Section 7 on limitation grounds
The appeal was directed against the Adjudicating Authority's order dismissing an application under Section 7 of the Insolvency and Bankruptcy Code, 2016, on the sole ground of being barred by limitation. The initial appeal was dismissed by a two-member bench of the Tribunal, affirming the Adjudicating Authority's decision. However, the appeal was challenged before the Hon'ble Supreme Court, which allowed the appeal, set aside the impugned order, and remanded the case back for further proceedings.

Issue 2: Appeal against the Adjudicating Authority's order
The appeal was made to challenge the Adjudicating Authority's order dated 27.02.2020, which dismissed the application under Section 7 of the Code on the basis of being time-barred. The Hon'ble Supreme Court allowed the appeal on 20.10.2021, permitting the Appellant to seek an amendment to the application under Section 7 to include acknowledgment based on the respondent's balance sheets. The Court granted liberty to the respondent to raise all available defenses and contentions.

Issue 3: Amendment of the application under Section 7
Following the Supreme Court's order, the Appellant filed an application seeking to amend the original application under Section 7 to include acknowledgment based on balance sheets. The Tribunal allowed this amendment, considering the Supreme Court's directions, and permitted the Appellant to incorporate the acknowledgment case in the application.

Issue 4: Adjudication of the application's limitation status
The Tribunal, after allowing the amendment to the application under Section 7, considered whether the amended application fell within the period of limitation. The Tribunal opined that the amended application showed acknowledgment of debt by the respondent in the balance sheets, potentially affecting the limitation status. The matter of determining the application's limitation status was deemed to fall within the Adjudicating Authority's domain.

Issue 5: Jurisdiction of the Adjudicating Authority
The Tribunal concluded that the Adjudicating Authority should reexamine the amended application to ascertain if it falls within the limitation period, particularly concerning the acknowledgment of debt based on the balance sheets. The matter was remanded back to the Adjudicating Authority for reconsideration, with both parties directed to appear before the Authority on a specified date. The Adjudicating Authority was tasked with reviewing the amended application and considering the respondent's right to contest the application fully.

This detailed analysis covers the key issues involved in the legal judgment, outlining the sequence of events, the Supreme Court's directions, the Tribunal's decision on the amendment, and the subsequent remand to the Adjudicating Authority for further consideration.