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TMI Blog2021 (9) TMI 143X X X X Extracts X X X X X X X X Extracts X X X X ..... (National Company Law Tribunal, Division Bench, Court-I, Chennai) in IBA/54/2020 and IBA/59/2020 whereby the Adjudicating Authority by the said Order taken the petition on record with a direction to the Corporate Debtor (the Appellant herein) to file its Reply to the petition within the period of three weeks' from 01.02.2021. Aggrieved by the said Order, the Appellant preferred the present Appeal on the ground that the Adjudicating Authority has traversed beyond its powers and jurisdiction by reviewing its own Order dated 25.02.2020. Appellant's Submissions :- (2) The Learned Counsel for the Appellant also raised the ground that the Adjudicating Authority had noticed that the cause title of the petition filed by the Respondent (Operationa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ip Concern and in view of Section 3(23) of the IBC 2016 only a person as defined therein can approach the Adjudicating Authority. In view of the above, the Hon'ble Adjudicating Authority please to grant an opportunity to the Respondent herein to amend the cause title suitably. (5) The Learned Counsel for the Respondent submitted that this Tribunal in the matter of Neeta Saha Vs Mr. Ram Niwas Gupta in Company Appeal (AT) (Insolvency) No. 321 of 2020, the Hon'ble NCLAT observed that Section 2 of IBC provides that the provisions of the Code apply, inter-alia to Proprietorship Firms and further the definition of person in Section 3(23) of IBC is an inclusive definition. (6) The Learned Counsel for the Respondent submitted that relying upon th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s a petitioner to approach before this Tribunal afresh. For this purpose an opportunity is given to the Petitioner to amend the cause title by a week to cure the defect. Post the matter on 23.03.2020." (8) The Ld. Adjudicating Authority was of the view that as per Section 3(23) of the IBC 2016 only a person as defined therein can approach the NCLT and an opportunity was given to the Sole Proprietor as a Petitioner/Applicant as the case may be to approach the Adjudicating Authority. The Adjudicating Authority also directed the Applicant therein to amend the cause title to cure the defect. Further, vide Order dated 17.09.2020, the Ld. Adjudicating Authority granted ten days' time for compliance of the Order dated 25.02.2020 in view of the Pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p Firms and Proprietorship Firms. As per Sub Clause (f) of Section 2, the person defines in Sub Section 23 of Section 3 includes a Partnership Firm. Therefore, relying upon the decision of this Tribunal there is no error apparent in the Impugned Order, this Tribunal in Neeta Saha supra held at Para 14 which reads as under. "14. Even the judgment shows the name of Respondent No.1 as the Operational Creditor in his personal name. The Adjudicating Authority in effect has allowed the defects to be cured. The objection on this count does not survive. We also note that Section 2 of IBC provides that the provisions of the Code apply, inter alia, to "proprietorship firms". Further the definition of "person" in Section 3(23) of IBC is inclusive de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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