9911796707
TMI Blog2022 (2) TMI 796X X X X Extracts X X X X X X X X Extracts X X X X ..... pearing for the Respondent. This Appeal has been filed against the order of the Adjudicating Authority (National Company Law Tribunal), Ahmedabad Bench dated 23.11.2020 by which application filed by the Appellant under Section 9 has been rejected. A demand notice dated 07.10.2019 was issued under Section 8 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as 'Code') to the Corporate Debtor claiming debt of an amount Rs. 1,45,49,837/- alongwith interest as due. Notice was not replied by the Corporate Debtor. The Operational Creditor thereafter on 23.11.2020 filed a Section 9 application. The Adjudicating Authority issued notice on the application. The Corporate Debtor appeared before the Adjudicating Authority. The Adjudic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the Appellant submits that the notice under Section 8 was issued by Director of the Company who was fully authorized and in the Section 9 application demand notice was mentioned and relied by the Operational Creditor for proceeding under Section 9. It is submitted by Shri Datta the Adjudicating Authority should have given opportunity to the Operational Creditor to clarify if there was any doubt regarding the details of the person who has given the notice. It would have been clarified that he was the Director of the Company but without giving any opportunity application under Section 9 was rejected on such technical ground. Power of Attorney has also been brought on record by the Appellant which is of the period earlier to the notice. 3. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is different signatory in the demand notice and Section 9 application and name of person who signed notice is not clearly mentioned cannot be ground for rejecting application under Section 9. We are of the view that Adjudicating Authority ought not have rejected application on aforesaid ground. 6. Now the materials have been brought on record to the effect that person who has given the Section 8 notice was Director of the Appellant, we are satisfied that notice was issued by a competent person. In view of the above, we set aside the order of the Adjudicating Authority and revive the application before the Adjudicating Authority which may be considered and decided by the Adjudicating Authority after hearing the parties. We make it clear tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
