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Amit Ashok Thepade vs Vsj Investments Private Limited & Anr

National Company Law Appellate Tribunal1 March 2024Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The appellate tribunal's reasoning rests on two points. First, where the adjudicating authority has found on the evidence that the debt is due and that a default has occurred, and the default amount exceeds the statutory threshold, an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 is rightly admitted; no error is found in admitting such an application on those findings. Second, a corporate debtor or personal guarantor who wishes to settle with the financial creditor may do so at any stage, and any settlement reached may be placed before the adjudicating authority by way of an application under Section 12A with the financial creditor's consent.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Ins.) No. 451 of 2024IN THE MATTER OF:

Amit Ashok Thepade ...Appellant

Versus

VSJ Investment Pvt. Ltd. & Anr. ...Respondents

Present: For Appellants: Mr. Dhaval Deshpande, Mr. Amir Arsiwala, Advocates. For Respondents: Ms. Samiksha Godiyal, Mr. Govind Manoharan, Mr. Nishchaiy Sharma, Advocates for R-2.

ORDER

(Hybrid Mode)

01.03.2024: heard learned counsel for the Appellant. This Appeal has

been filed against order dated 09.02.2024 by which order Section 7

application filed by the Financial Creditor has been admitted. The

Adjudicating Authority in the impugned order has returned a finding that

debt and default has been proved and there being default of more than

amount of Rs.1 Crore which is threshold amount, application has been

admitted. The submission that application is barred by limitation and

proceeding under Section 95 has been initiated against the Personal

Guarantor were also dealt with and repelled.

2. Learned counsel for the Appellant submits that the Appellant intent to

approach the Financial Creditor to settle the amount

Cont'd.../ -2-

3. It is always open for the Appellant to approach the Financial Creditor

for settlement and if any settlement is reached the same may be placed before

the Adjudicating Authority by means of Application under Section 12A with

the consent of the Financial Creditor. Debt and default being proved; we do

not find any error in the order of the Adjudicating Authority admitting Section

7 application. With aforesaid liberty we dismiss the appeal.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Indevar Pandey] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No.451 of 2024

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