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TMI Blog2017 (10) TMI 1563X X X X Extracts X X X X X X X X Extracts X X X X ..... information s in terms of the rule aforesaid the application cannot be treated as an application under section 9 for initiation of corporate insolvency resolution process of the appellant. Appeal allowed - decided in favor of appellant. X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tribunal established under subsection (4) of section 419 of the Act, exercising territorial jurisdiction and such petitions shall be treated as applications under section 7, 8 or 9 of the Code, as the case may be, and dealt with in accordance with Part II of the Code: Provided that the petitioner shall submit all information, other than information forming part of the records transferred in accordance with rule 7, required for admission of the petition under section 7, 8 or 9 of the Code, as the case may be, including details of the proposed insolvency professional to the Tribunal within sixty days from date of this notification, failing which the petition shall abate. (2) All cases where opinion has been forwarded by Board for Indu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent has also taken a plea that there is no requirement of furnishing the copy of the application on the appellant. However, such submission cannot be accepted in view of rule 5 aforesaid. 5. In view of the fact that as per the requirement the respondent has not submitted the information as required for admission of application under section 9 before the Adjudicating Authority, we hold that in terms of rule 5 and in absence of non-supply of requisite information's in terms of the rule aforesaid the application cannot be treated as an application under section 9 for initiation of corporate insolvency resolution process of the appellant. 6 . For the reasons aforesaid, we set aside the impugned order dated 17th August, 2017 passed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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