2025 (1) TMI 1043 - AT - IBC

Admission of Section 7 application filed by Bank of India - no competent authorization to one who had initially filed Section 7 application - application barred by limitation due to the date of default. Proceedings by an unauthorized person - HELD THAT - The Board on 27.06.2019 has authorized all the officers in the rank of Assistant General Managers and Deputy General Managers to sign/ execute applications appeals vakalatnama before NCLTs NCLATs High Court and Supreme Court hence the application under Section 7 which was filed by Assistant General Manager on 28.06.2019 cannot be said to be without a proper authorization. Hence there are no substance in the submission of the Appellant that application was not filed by authorized person. Further after the liberty was granted by the Adjudicating Authority the form was amended with regard to date of default which form was signed by officials who are authorized at relevant time when form was signed which also does not suffer from any infirmity. Application barred by time - HELD THAT - The letter issued by the Bank asking the Corporate Debtor to deposit overdue amount immediately and regularize the account. On the record NPA was declared only on 31.07.2013 hence the default can at best be three months before NPA i.e. 30.04.2013. The finding has been returned by the Adjudicating Authority that OTS was given by the Appellant from December 2015 to April 2018 hence the OTS proposal which was given by the Appellant was within three years from the date of default as is claimed by the Financial Creditor. It is not satisfying that the application was barred by time and ought not to have been admitted. Appellant has given OTS proposal which was also approved by the financial creditor however corporate debtor failed on the terms of the OTS which has been noticed by the Adjudicating Authority in paragraph 4 (B). OTS proposal from December 2015 to April 2018 were given and the application was filed by the financial creditor in the year 2019 which cannot be said to be beyond time. Conclusion - i) The application under Section 7 which was filed by Assistant General Manager on 28.06.2019 cannot be said to be without a proper authorization. ii) OTS proposal from December 2015 to April 2018 were given and the application was filed by the financial creditor in the year 2019 which cannot be said to be beyond time. There are no substance in any of the submissions of the Appellant - The Appeal is dismissed.

Summary

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered in this judgment include:

• Whether the Section 7 application filed by the Bank of India was authorized by a competent person.
• Whether the Section 7 application was barred by limitation due to the date of default.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Authorization to File Section 7 Application

• Relevant Legal Framework and Precedents: The authorization to file applications under the Insolvency and Bankruptcy Code (IBC) 2016 requires proper authorization from the corporate entity, often through a board resolution.
• Court's Interpretation and Reasoning: The court examined a circular from the Bank of India dated 18.07.2019, which stated that the board had authorized officials of the rank of Assistant General Managers and Deputy General Managers to sign and execute applications before various judicial bodies, including the NCLT and NCLAT.
• Key Evidence and Findings: The court found that the resolution dated 27.06.2019, which authorized Mr. Dhawan to file the application, was valid and that subsequent amendments to the application were also signed by duly authorized officials.
• Application of Law to Facts: The court applied the principles of corporate authorization to conclude that the Section 7 application was properly filed by an authorized person.
• Treatment of Competing Arguments: The appellant argued that Mr. Dhawan was not authorized to file the application. However, the court found that the board resolution and subsequent authorizations were sufficient to dismiss this argument.
• Conclusions: The court concluded that the Section 7 application was filed with proper authorization, rejecting the appellant's claim of unauthorized filing.

Issue 2: Limitation Period for Filing Section 7 Application

• Relevant Legal Framework and Precedents: The limitation period for filing an application under Section 7 of the IBC is three years from the date of default, as per the Limitation Act, 1963.
• Court's Interpretation and Reasoning: The court considered the date of default as 30.04.2013, which was pegged 90 days before the account was declared a Non-Performing Asset (NPA) on 31.07.2013. The court also considered the One-Time Settlement (OTS) proposals given by the appellant from December 2015 to April 2018.
• Key Evidence and Findings: The court noted a letter from the Bank dated 29.08.2012, which requested the corporate debtor to regularize the overdrawn account. However, the court found that the default date should be considered as 30.04.2013, based on the NPA declaration.
• Application of Law to Facts: The court applied the limitation law to determine that the application was filed within the permissible period, considering the OTS proposals as acknowledgments of debt.
• Treatment of Competing Arguments: The appellant argued that the application was time-barred, citing the default date as 29.08.2012. The court rejected this argument, finding that the OTS proposals extended the limitation period.
• Conclusions: The court concluded that the application was not barred by limitation and was filed within the statutory period.

3. SIGNIFICANT HOLDINGS

• Preserve Verbatim Quotes of Crucial Legal Reasoning: "The Board on 27.06.2019 has authorized all the officers in the rank of Assistant General Managers and Deputy General Managers to sign/ execute applications, appeals, vakalatnama before NCLTs, NCLATs, High Court and Supreme Court, hence, the application under Section 7 which was filed by Assistant General Manager on 28.06.2019 cannot be said to be without a proper authorization."
• Core Principles Established: The judgment reinforces the principle that proper corporate authorization is necessary for filing applications under IBC and that acknowledgments of debt through OTS proposals can extend the limitation period.
• Final Determinations on Each Issue: The court dismissed the appeal, upholding the authorization and timeliness of the Section 7 application filed by the Bank of India.