ORDER

Per : Justice Rakesh Kumar Jain: (Oral) 17.03.2023: This appeal is directed against the order dated 28.04.2017 passed by the ‘Adjudicating Authority’ (National Company Law Tribunal, Allahabad Bench), by which a petition bearing C.P (IB) No. 36/ALD/2017 filed by the Appellant under Section 9 of the ‘Insolvency and Bankruptcy Code, 2016’ (in short ‘Code’), R/w Rule 6 of the ‘Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules 2016’, has been dismissed.

2. In the first round of litigation, the Appellant was nonsuited by this Tribunal vide its order dated 12.09.2017 on the ground of its locus standi. However, the order dated 12.09.2017 was challenged by the Appellant before the ‘Apex Court’ in ‘Civil Appeal No. 20978 of 2017’, which was allowed on 30.04.2019 reported as 2019 (11) SCC 332 and the matter was remanded back to this Tribunal for adjudication.

3. During the course of hearing, it was argued by counsel for the Appellant that there are two issues involved in this appeal for consideration of this Tribunal, namely, as to whether the Application filed under Section 9 of the Code was premature though it has not been filed after the expiry of 10 day