ORDER

12.01.2023: Heard Learned Counsel for the Appellant.

2. This Appeal has been filed against the Order dated 22nd November, 2022 by which order, Application under Section 7 of the Insolvency and Bankruptcy Code, 2016 filed by the Appellant has been dismissed by the Adjudicating Authority as barred by Section 10-A of the Code.

3. Learned Counsel for the Appellant submits that although in Part-IV, the date of default mentioned is 15.12.2020 but in the Statement of Account, details were given hence the Application was not barred.

4. We have heard the learned Counsel for the Appellant and perused the record.

5. In part-IV of the Application in Column 2, following has been stated:

“Part-IV PARTICULARS OF FINANCIAL DEBT ….. ……….

-2- Rs. 35,65,60,488.00 Ps as BE IN DEFAULT AND on 05.09.2022; DATE OF THE DATE ON WHICH DEFAULTS: The Corporate THE DEFAULT Debtor has committed OCCURRED (ATTACH default in payment of both THE WORKINGS FOR term loan accounts and also COMPUTATION OF defaulted in payment of AMOUNT AND DAYS instalments in Term Loan OF DEFULT IN Accounts and the default is TABULAR FORM) still subsisting. The date of default is 15.12.2020.

6. There being clear categorical statement in Part-IV that date of default is 15.12.2020 which is a period during which Section 10-A had operation we thus are of the view that no error has been committed by the Adjudicating Authority rejecting Application filed under Section 10-A. However, ends of justice will be served in giving liberty to the Appellant to file fresh Application in accordance with law. We make it clear that we are not expressing any opinion in merits of the Application. It is for the Adjudicating Authority to consider the application if so filed and decide in accordance with law.

The Appeal is dismissed with the above liberty. [Justice Ashok Bhushan] Chairperson [Mr. Barun Mitra] Member (Technical) Basant/nn Company Appeal (AT) (Insolvency) No. 28/2023