9911796707
TMI Blog2023 (9) TMI 960X X X X Extracts X X X X X X X X Extracts X X X X ..... application u/s 7 of IBC - default prior to the Section 10 A period - Application barred by Section 10A or not - HELD THAT:- The Adjudicating Authority has noticed and returned a finding that the default recorded in the NESL is 31.01.2020. The default on 31.01.2020 is obviously prior to the Section 10 A period. When default has been committed by the Corporate Debtor prior to Section 10A period, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erson And [ Mr. Barun Mitra ] Member ( Technical ) For the Appellant : Advocate Anju Jain , Advocate Hitesh Sachar For the Respondent : Advocate R. P. Agrawal , Advocate Vidhisha Haritwal , For R - 1 ORDER Heard Learned Counsel for the Appellant. Learned Counsel for the Respondent is also present. 2. This Appeal has been filed against the Order dated 25th July, 2023 by whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... date of default does not fall within 10A period and the argument of Corporate Debtor with regard to the default during 10A period needs to be rejected on merits. The Financial Creditor has also suggested the name of Mr. Jitender Kothari as proposed IRP to be appointed in this matter and thus the above Company Petition satisfies all the legal requirements for admission and this Bench did not find a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 7 gives the detail for Part-IV of the Application which part of the appeal itself indicate the date of default as 31.01.2020. Learned Counsel for the Appellant has referred to Page 83 and 84 of the Appeal Paper Book. At page 84, date of default due date has been mentioned as 31st March, 2019 for the financial year 2018-19. Reading of the Application indicates that default was commit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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