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TMI Blog2020 (12) TMI 1339X X X X Extracts X X X X X X X X Extracts X X X X ..... deo conference on 12/11/2020. 2. It is submitted that Hon'ble National Company Law Appellate Tribunal, New Delhi vide order dated 15th October 2020 passed in Company Appeal (AT) (Ins) No. 525 of 2020, this matter (being CP (IB) No. 993/KB/2019) has been remitted back to this Adjudicating Authority while allowing the appeal of the appellant i.e. Operational Creditor in the present C.P. 3. This CP (IB) No. 993/KB/ 2019 had been heard and while dismissing the petition, this Adjudicating Authority had observed as under:- "10. According to the Ld. Counsel for the Corporate Debtor, they have no occasion to purchase these Tubeler Battery as shown in the Annexure-A-9. The Corporate Debtor satisfactorily established by producing proof that they ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peal, the Hon'ble Appellate Tribunal observed that the Adjudicating Authority in Paragraph 8 of the impugned order had gone on to analyze the documents filed by the Appellant/ Operational Creditor and observed that the invoice relied on, did not show the delivery address of the Corporate Debtor which was the registered address of the Company and was at Patna in Bihar. The Hon'ble Appellate Tribunal further referred to the observations of the Adjudicating Authority part of Para 8 at page 7 , which is as under:- " It is significant to note that the said invoice refers to delivery of goods at Varanasi whereas the registered office of the corporate debtor is at Patna. Moreover, the registered branch office at Varanasi was shifted to Lucknow a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal and while concluding the order, the Hon'ble Appellate Tribunal observed that the stand taken by the Corporate Debtor showed that the branch office of the Corporate Debtor had not communicated with the Head office and they wanted to verify and confirm the transactions. It is further observed that the internal disputes of the Directors would not be relevant for throwing out the Application under Section 9 of I &B Code,2016. In any case, that was not a dispute which was raised or communicated to the Operational Creditor any time before notice under Section 8 was sent. The Hon'ble Appellate Tribunal further directed that in the facts of the matter "we find that the Adjudicating Authority erred in approaching the Application under Section 9 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ebtor settles the matter with the Operational Creditor. 6. Pursuant to the orders passed by the Hon'ble Appellate Tribunal, the Ld. Counsel for the Operational Creditor appeared on 9th November, 2020 when the matter was taken up after the virtual hearing started in this Bench. The matter was taken up on 9th November, 2020 and thereafter was listed for admission on 12th November, 2020 and it was directed that if there was no settlement by the CD, the petition would be admitted. 7. In view of the observations and directions passed in the order of Hon'ble Appellate Tribunal, we hereby admit the petition and pass the following Orders:- O R D E R S i) The application filed by the Operational Creditor under Section 9 of the Insolvency & Ban ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perty by an owner or lessor where such property is occupied by or in the possession of the corporate debtor. v) The supply essential goods or services rendered to the corporate debtor as may be specified shall not be terminated, suspended, or interrupted during the moratorium period. vi) The provisions of sub-section (1) shall not apply to such transactions as may be notified by the Central Government in consultation with any financial sector regulator. vii) The order of moratorium shall have effect from the date of admission till the completion of the corporate insolvency resolution process. viii) Provided that where at any time during the Corporate Insolvency Resolution Process period, if the Adjudicating Authority approves the re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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