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2023 (6) TMI 151 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , CHENNAISeeking approval of the Resolution Plan - validity of MSME status provided to the Corporate Debtor - HELD THAT:- In the instant case, the Resolution Applicant registered as an MSME only after the initiation of CIRP. This Tribunal in the case of Digamber Anand Rao Pingle Vs. Shrikant Madanlal Zawar & Ors. [2021 (7) TMI 456 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHI], wherein the Promoter of the Corporate Debtor had filed an Appeal against the Liquidation Order passed by the Adjudicating Authority claiming that the Corporate Debtor was an MSME and that he could file a Resolution Plan, but this Tribunal observed that as the Application for MSME certificate was made after the commencement of CIRP, such unauthorized Application cannot be considered and cannot tide over ineligibility under Section 29-A. The ratio of this matter is squarely applicable to the facts of this case and the matters of eligibility under Section 29-A as observed by the Hon’ble Supreme Court in a catena of Judgements, cannot be undermined. There are no grounds to interfere with the well-reasoned Order of the Adjudicating Authority (National Company Law Tribunal, Bengaluru Bench) - appeal dismissed.
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