2023 (5) TMI 1245

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..... of the Insolvency and Bankruptcy Code, 2016 - date of default - HELD THAT:- Prima facie there is a merit in the argument of the Counsel for Appellant and therefore we issue a formal Notice to the Respondents for 27th June, 2023. The Appellants shall deposit the requisite process fee etc. for effecting service upon the Respondents. In the meantime, operation of the Impugned Order shall remain .....

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..... ion filed under Section 7, the `date of default has been categorically mentioned as 01.11.2020. He has also drawn our attention to a letter of the Bank dated 17.06.2020, in which the `date of default is mentioned as 01.11.2020 though it was pertaining to some OTS proposal. 3. Counsel for the Appellant has thus submitted that if the `date of default as pleaded by the Respondent is 01.11.2020 .....

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..... in the case of `Ramesh Kymal (Supra), is pertaining to an Application filed under Section 9 in which Notice under Section 8 is mandatory whereas in the matter pertaining to an Application filed under Section 7 the `date of default is not material. It is also submitted that the `date of default can be taken as the date of NPA as well as the date of the issuance of the certificate of recovery by .....

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