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TMI Blog2019 (7) TMI 1630X X X X Extracts X X X X X X X X Extracts X X X X ..... learned counsel for the Appellant to address this Appellate Tribunal as to what stand the Corporate Debtor could have taken before the Adjudicating Authority prior to admission of the application under Section 7 of the I B Code. However, pursuant to the said question it is accepted that there is debt and default and the Corporate Debtor is not in a position to settle the claim. In that view of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... short) against M/s. Fort Biotech Private Limited- (Corporate Debtor) which was admitted on 8th March, 2019. 2. Though no petition on behalf of the Corporate Debtor- (M/s. Fort Biotech Private Limited) was maintainable through the suspended Board of Directors having taken over by the Interim Resolution Professional on behalf of the Corporate Debtor, an application was filed for review or recall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e parties: Provided that no such amendment shall be made in respect of any order against which an appeal has been preferred under this Act. 5. In the present case, as there is no mistake apparent from the record and in absence of any typographical error, it was not open to the Adjudicating Authority to take any recourse of sub-section (2) of Section 420 of the Companies Act, 2013. 6. Learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f service of notice, the Corporate Debtor had not appeared and thereafter, the Adjudicating Authority had no option but to proceed on merit and pass order which was passed on 8th March, 2019. 9. The only plea taken by the Appellant is that the Appellant has not received any notice as there was a dispute between the landlord with the Corporate Debtor with regard to office of the Corporate Debtor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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