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2023 (8) TMI 1323 - AT - Insolvency and BankruptcyChange in date of default - application filed by the Financial Creditor is hit by Section 10A of IBC or not - It is submitted that the date of default (30.04.2020) occurs during the period from 25.03.2020 to 25.03.2021, therefore, the petition could not ever have been filed. Whether the date of default once mentioned in Part- IV by the Financial Creditor can be changed in view of a decision of the Hon’ble Supreme Court in the case of Ramesh Kymal [2021 (2) TMI 394 - SUPREME COURT] - Whether the Financial Creditor (Bank) who has already furnished ROD can change the date of default by a subsequent ROD on the basis of circular dated 03.04.2023 issued by the NCLT? HELD THAT:- Since, we have found that there are arguable points involved in this appeal, therefore, we issue a formal notice to the Respondents who is already on caveat, enabling it to file its reply - Let the reply be filed within two weeks i.e. up to 25th August, 2023 and rejoinder, if any, be filed by the Appellant within two weeks thereafter i.e up to 14th September, 2023. List for hearing on 20th September, 2023. In the meanwhile, till the next date of hearing, operation of the impugned order shall remain stayed.
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