JUDGEMENT

(Physical Mode) 12/04/2023: Background: ‘Heard’ the Learned Counsel for the ‘Appellant, Mr. Rahul Balaji, appearing for the ‘Appellant’, at the ‘Admission’ stage, itself. To avoid an avoidable delay, ‘Notice’ is not issued and this ‘Tribunal’, proceeds straightaway, for passing necessary ‘Judgement’, in this ‘Appeal’.

The ‘Petitioner’/ ‘Appellant’/ ‘Operational Creditor’, has preferred the instant Company Appeal (AT) (CH) (Ins) No. 94 of 2023, as an ‘Aggrieved Person’, on being dissatisfied with the ‘Impugned Order’, dated 13/02/2023, in C.P.(IB)/159/CHE/2022, passed by the ‘Adjudicating Authority’/ ‘National Company Law Tribunal, Division Bench-I, Chennai’.

Earlier, the ‘Adjudicating Authority’/ ‘National Company Law Tribunal, Division Bench-I, Chennai’, while passing the ‘Impugned Order’, dated 13/02/2023, in C.P.(IB)/159/CHE/2022 (Filed by the ‘Petitioner’/ ‘Appellant’/ ‘Operational Creditor’), at Paragraph 10, has observed the following:

Para 10: “It is not a disputed fact that there is a cased pending before the MSME FC Pondicherry in Case No. 3444/Ind & Com/Unit-III/B7/2020. The same also forms a part of the Applicant/Operational Creditor’s submis