TMI Blog2022 (4) TMI 997X X X X Extracts X X X X X X X X Extracts X X X X ..... y Proceedings (this application) i.e., about 1 year and 11 months. In the instant case, the case was filed on 18/2/2022 for a debt amount of ₹ 7,78,708/- which is less than the threshold amount as fixed by the aforesaid notification. In addition to that the applicant is claiming an amount of ₹ 6,00,000/-, it is not relevant to the facts to be considered against the present Corporate Debtor, they cannot do so for initiation of CIRP against the present Corporate Debtor. Application dismissed. - CP (IB)/21/KOB/2022 - - - Dated:- 31-3-2022 - Ashok Kumar Borah, Member (J) And Anil Kumar B., Member (T) For the Appellant : Jack Thalakottur, Advocate ORDER Ashok Kumar Borah, Member (J) 1. This is an applicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mount of ₹ 6,00,000/- to be received from KKR Agro Mills Pvt. Ltd. In this connection, it may be noted that the case filed by the same applicant in IBA/40/KOB/2020, has been withdrawn on 12/03/2021 by the applicant therein (who is the applicant herein) as the matter was settled between the parties. 5. Hence it is clear that the applicant has clubbed these two amounts and filed this case claiming a due amount of ₹ 7,78,708/-. The applicant is not sure about the Debt amount because on one hand he stated that he has filed this application for CIRP to the debt amount of ₹ 1,78,708/- on the other hand he had stated that he has filed a case IBA/40/KOB/2020 for a debt amount of ₹ 6,00,000/- receivable from KKR Agro Mills ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 8 of the IBC, 2016 which is as under: Section 8. (1) An operational creditor may, on the occurrence of a default, deliver a demand notice of unpaid operational debtor copy of an invoice demanding payment of the amount involved in the default to the corporate debtor in such form and manner as may be prescribed. (2) The corporate debtor shall, within a period of ten days of the receipt of the demand notice or copy of the invoice mentioned in sub-section (1) bring to the notice of the operational creditor- (a) existence of a dispute, if any, and record of the pendency of the suit or arbitration proceedings filed before the receipt of such notice or invoice in relation to such dispute; (b) the repayment of unpaid op ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fresh Pvt. Ltd.) is as under: NCLAT upheld decision of the Adjudicating Authority) where AA had dismissed the CIRP application filed u/s. 9 on the basis of notification S.O 1205(E) dated 24.3.2020. NCLAT held that it is seen that notification dated 24.3.2020 makes it unambiguously clear that the threshold limit to be considered for section 9 application will be ₹ 1 crore. This threshold limit will be applicable for application filed u/s. 7 or 9 on or after 24.3.3020 even if debt is of a date earlier than 24.3.2020. Since the application under section 9 which is the subject matter of this appeal was filed on 13.9.2020, therefore the threshold limit of ₹ 1 crore of debt will be applicable in the present case. 11. In the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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