9911796707
TMI Blog2021 (9) TMI 143X X X X Extracts X X X X X X X X Extracts X X X X ..... the Ld. Adjudicating Authority granted ten days time for compliance of the Order dated 25.02.2020 in view of the Pandemic due to Covid- 19. From the perusal of the Application it is seen that the Proprietorship name i.e., M/s. M2N Interiors is represented by its Sole Proprietor Mr. M. Murali as depicted in cause title, therefore, taking into consideration that the Proprietorship Firm represented by its Sole Proprietor by reflecting the name of sole proprietor itself would show that the Application is being represented by the Proprietorship Firm as well as the Proprietor, duly represented by its Sole Proprietor Mr. M. Murali. In this regard, as decided by this Tribunal Section 2 of I B Code 2016 applies to Partnership Firms and Propri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... noticed that the cause title of the petition filed by the Respondent (Operational Creditor) had mentioned the name of the Proprietorship Concern instead the name of Proprietor. The Learned Adjudicating Authority returned the Application for amending the cause title and removal of defects and refiling the same within seven days from 25.02.2020 in terms of proviso to Section 9(5)(ii) of the Insolvency and Bankruptcy Code 2016 ( I B Code 2016 ). (3) The Learned Counsel for the Appellant submitted that the matter was not Listed thereafter due to Covid 19 Lockdown. Thereafter, the Ld. Adjudicating Authority had granted time for compliance and the matter was posted to 07.10.2020. Having accepted the Order of the Ld. Adjudicating Authority da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... usive definition. (6) The Learned Counsel for the Respondent submitted that relying upon the Judgment of this Hon ble Tribunal supra, the Application filed by the Sole Proprietorship Firms under the provisions of Section 7 and 9 of the I B Code to initiate CIRP against the Corporate Debtor are flawlessly maintainable and relying on the said Order, the Respondent herein has filed a Memo dated 05.10.2020 before the Hon ble Adjudicating Authority stating that the Application does not require any correction or amendment in view of the Judgment of the Hon ble Appellate Tribunal. Accordingly, the Hon ble Adjudicating Authority passed the Order dated 01.02.2021 which is impugned in this Appeal. The Learned Counsel submitted that the Appeal is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... djudicating Authority granted ten days time for compliance of the Order dated 25.02.2020 in view of the Pandemic due to Covid- 19. (9) The Respondent herein filed a Memo dated 05.10.2020 [enclosed at page 48 of Appeal Paper Book(s)] relying upon the Judgment of this Tribunal in-re Neeta Saha and prayed the NCLT to dispense with the compliance of amendment in the cause title as directed by the Adjudicating Authority vide Order dated 25.02.2020. (10) The Ld. Adjudicating Authority taking into consideration the decision of this Tribunal passed the Order on 01.02.2021 enclosed at Page 29 of the Appeal Paper Book(s). The Ld. Adjudicating Authority observed as under- In so far as this Petition is concerned, the Petitioner as refle ..... X X X X Extracts X X X X X X X X Extracts X X X X
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