Chandralekha Constructions Pvt Ltd vs Khandelwal Group Pvt Ltd

Chandralekha Constructions Pvt. Ltd. ...Appellant

Versus

Khandelwal Group Pvt. Ltd. ...Respondent

Present: For Appellant: Mr. Mukesh Rana, Ms. Mamta and Ms. Paulami Sen, Advocates. For Respondent:

ORDER

(Through Virtual Mode)

31.03.2021: After hearing learned counsel for the Appellant, we find that the

application under Section 9 of Insolvency and Bankruptcy Code, 2016 (hereinafter

referred to as 'I&B Code') is pending consideration before the Adjudicating

Authority (National Company Law Tribunal), New Delhi, Court - IV at the

pre-admission stage and in terms of the impugned order the Adjudicating Authority

has only allowed a defect to be cured as it was pointed out that the documents in

the two applications seeking the initiation of Corporate Insolvency Resolution

Process got exchanged. To correct the error and rectify the defect, the Adjudicating

Authority in terms of impugned order dated 4th March, 2021 allowed the

application of Respondent (Operational Creditor) to rectify the defect by placing

Cont'd..../ -2-

correct documents on record. There is no infirmity in the impugned order, it being

the duty of the Adjudicating Authority to allow the Applicant to complete the

application or cure the defect before taking up the matter for consideration in

regard to admission or otherwise of application under Section 9.

2. There being no merit, the appeal is dismissed.

3. It is enjoined upon the Adjudicating Authority to follow the mandate of law

as enshrined in Section 9(5) of the I&B Code, which obligates the Adjudicating

Authority to pass an order of admission or rejection of application within 14 days

of the receipt of application. The matter having been delayed considerably, the

Adjudication Authority would do well to pass the order of admission or rejection

within one week and report compliance to this Appellate Tribunal.

4. A copy of this order be communicated to the Adjudicating Authority,

forthwith.

[Justice Bansi Lal Bhat] Acting Chairperson

[Dr. Ashok Kumar Mishra] Member (Technical) am/gc

Company Appeal (AT) (Insolvency) No. 238 of 2021