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2021 (2) TMI 1094 - AT - Insolvency and BankruptcyMaintainability of the Application in the name of proprietorship firm - Jurisdiction - power of proprietorship firm to file a claim - legal entity or not - HELD THAT:- Although the Adjudicating Authority in para – 15 referred to part of dispute raised by the Respondent, the Adjudicating Authority has not dealt with or decided the same. As such, in the Appeal, we are not going into the merits of the Application under Section 9 of IBC. Maintainability of the Application in the name of proprietorship firm - HELD THAT:- Section 2(f) of IBC in Judgement in the matter of NEETA SAHA VERSUS RAM NIWAS GUPTA AND ORS. [2020 (2) TMI 1442 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI] where the Section provides that the provisions of this Code shall apply to partnership firms and proprietorship firm. - However, without entering into legal issue if such Trade Name is “person”, we find that it was a curable defect. The learned Counsel for Appellant has rightly relied on the Judgement in the matter of “Neeta Saha”. The Adjudicating Authority should have given opportunity to the Appellant to appropriately amend the Application in part – 1 of the Format where name of the Operational Creditor is shown. Mr. Piyush Bangar can show his name and suffix that he is sole proprietor of M/s. Mateshwari Minerals. The matter is remitted back to the Adjudicating Authority. The Adjudicating Authority will give opportunity to the Appellant to correct the description of the name of the Operational Creditor in the Format - Appeal allowed by way of remand.
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