Tribunals and CommissionsDivision Bench

Mr. Sanjay Kabra vs M/s. R. L. Steels 8b Energy Limited

National Company Law Appellate Tribunal · Decided on 7 October 2021 · Citation: (2021) 10 NCLT CK 0019

HON’BLE JUDGES
Dr. Deepti Mukesh, Member (J) · L. N. Gupta, Member (T)
ACTS & SECTIONS REFERRED
Insolvency and Bankruptcy Code, 2016 — Section 8, 9
RESULT
Dismissed
CASE NUMBER
IB 271(ND)2020 New IA-4533/2021
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Judgment

2 paragraphs · 147 words

This is an application filed by the Operational Creditor seeking to set aside the order dated 27th January, 2020 dismissing the IB application on the ground of non-appearance. Ld. Counsel states that from January, 2020 till recently, the previous two counsels appointed by the Operational Creditor were apprising Operational Creditor that the matter is being perused but due to covid-19 pandamic, lockdown the matters are not moving. Hence the Operational Creditor was under impression that the matter is being pursued. When enquired by the Bench, it is stated by the Ld. Counsel that the date of default is of 2015, the notice under Section 8 was given in 2018 and Section 9 application, which got dismissed was filed in 2019. We observe that otherwise also the application?which got dismissed, was out of limitation. Hence, we are not inclined to allow this Application.

Therefore, this IA is rejected.