TMI Blog2023 (8) TMI 485X X X X Extracts X X X X X X X X Extracts X X X X ..... allowed to raise factual issues and question the findings recorded by the Adjudicating Authority. It is clear that the Corporate Debtor sent an e-mail that he wants to settle the matter and on that ground the matter was adjourned. The Adjudicating Authority called the Corporate Debtor to appear and issued notice, which was duly served. The counsel for the Corporate Debtor appeared and even then he did not file any reply - such Corporate Debtor cannot be allowed to now raise factual issue and contend that the claim was less than Rs.1 Crore. On such conduct of the Corporate Debtor this Appellate Tribunal is not inclined to grant any indulgence or consider any submission on the facts - appeal dismissed. - [ Justice Ashok Bhushan ] Chair ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r did not appear. The Adjudicating Authority thereafter proceeded and passed an order admitting Section 9 Application. The Adjudicating Authority after noticing the ledger of the Operational Creditor and report of the NSeL dated 28.12.2020 admitted Section 9 Application. 3. Counsel for the Appellant challenging the order contends that the amount was less than the threshold since the payment has been shown in the ledger is only Rs.5 lakh and whereas the payment made was of Rs.10 lakhs. He further submits that the Application was barred by Section 10A. He submits that the interest could not have been levied. He further referred to the legal notice which was issued on 27.09.2020 by the Operational Creditor and has referred to paragraph 11. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dertook to file the reply and vakalatnama on behalf of the Corporate Debtor. The matter was again listed on 17.04.2023 for final hearing. However, none appeared on behalf of the Corporate Debtor. Neither any reply was filed. 6. When the Corporate Debtor inspite of ample opportunities does not appear and file any defense, we are of the view that such Corporate Debtor cannot be allowed to raise factual issues and question the findings recorded by the Adjudicating Authority. It is clear that the Corporate Debtor sent an e-mail that he wants to settle the matter and on that ground the matter was adjourned. The Adjudicating Authority called the Corporate Debtor to appear and issued notice, which was duly served. The counsel for the Corporat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned Counsel for the Appellant has further referred to letter dated 22.02.2020 sent by the Operational Creditor. He submits that the Operational Creditor has acknowledged the receipt of Rs.5 Lakhs on 13.02.2020 and Rs. 5 Lakhs on 22.02.2020. He submits that although second figure is mentioned in the ledger, the first figure is not mentioned. 11. As observed above, the Appellant did not appear before the Adjudicating Authority inspite of several opportunities and inspite of specific notice given to him to appear before the Adjudicating Authority, counsel appeared and took time to file reply and did not file reply. We are of the view that on such conduct of the Corporate Debtor this Appellate Tribunal is not inclined to grant any indulgenc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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