Home Case Index All Cases Insolvency and Bankruptcy Insolvency and Bankruptcy + AT Insolvency and Bankruptcy - 2023 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (8) TMI 485 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHIThreshold amount limit for filing application u/s 9 of IBC - Section 10A of IBC - Appellant/Corporate Debtor did not appear before the Adjudicating Authority inspite of several opportunities and inspite of specific notice - HELD THAT:- When the Corporate Debtor inspite of ample opportunities does not appear and file any defence, such Corporate Debtor cannot be allowed to raise factual issues and question the findings recorded by the Adjudicating Authority. It is clear that the Corporate Debtor sent an e-mail that he wants to settle the matter and on that ground the matter was adjourned. The Adjudicating Authority called the Corporate Debtor to appear and issued notice, which was duly served. The counsel for the Corporate Debtor appeared and even then he did not file any reply - such Corporate Debtor cannot be allowed to now raise factual issue and contend that the claim was less than Rs.1 Crore. On such conduct of the Corporate Debtor this Appellate Tribunal is not inclined to grant any indulgence or consider any submission on the facts - appeal dismissed.
|