Bse Limited vs Oswal Yarns Limited

BSE Ltd. ...Appellant

Versus

Oswal Yarns Ltd. ...Respondent

Present: For Appellant: Mr. Surekha Raman, Advocate. For Respondent:

ORDER

11.11.2022: Heard learned counsel for the Appellant. This Appeal has

been filed against order and judgment dated 30.08.2022 passed by National

Company Law Tribunal, Chandigarh Bench by which order the Section 9

application filed by the Appellant has been dismissed as non-maintainable.

2. The Appellant-Operational Creditor has filed Section 9 application for

claiming the listing fee to the tune of Rs.10,66,886/- . The Adjudicating

Authority relying on the judgment of NCLT, Mumbai Bench has rejected the

application observing that such listing fees falls within the regulatory dues

and as such dues cannot be recovered under the operational debt.

3. Learned counsel for the Appellant fairly submits that this issue is

already covered by judgment dated 21.12.2021 of this Tribunal in "Company

Appeal (AT) (Ins.) No. 346 of 2019, BSE Ltd. vs. Asahi Infrastructure & Projects

Ltd.". It is further submitted that against aforesaid judgment of this Tribunal

Cont'd ..../ 2

Civil Appeal No. 2421 of 2022 has been filed by the Appellant which has been

admitted by the Hon'ble Supreme Court and is awaiting hearing.

4. In view of the above, we following the earlier judgment of this Tribunal

dated 21.12.2021 affirm the order of the Adjudicating Authority. The Appeal

is dismissed accordingly.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No. 1329 of 2022