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Connecting People Of India vs G. S. P Power Systems Private Limited S

National Company Law Appellate Tribunal14 July 2023Ashok Bhushan

Ratio decidendi

The rule this decision rests on

Where a default occurred within the period covered by Section 10A of the Insolvency and Bankruptcy Code, 2016, no application under Section 9 of the Code can be entertained in respect of that default, and the bar in Section 10A operates to prevent initiation of the proceeding for a default committed within that period. The fact that the Section 9 application was filed or proceedings were initiated after the Section 10A period has ended does not take the application outside the bar, since the operative question is the date of default and not the date of initiation.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH,NEW DELHICompany Appeal (AT) (Ins) No. 844 of 2023 &I.A. NO. 2867 of 2023IN THE MATTER OF:

Connecting People of India ...Appellant

Vs.

G.S.P. Power Systems Pvt. Ltd. ...Respondent

Present:

For Appellant: Mr. Joy Scaria, Ms. M. Priya, Advocates

For Respondent:

ORDER

14.07.2023: IA No. 2867 of 2023 - This Appeal has been filed against the

order dated 17.03.2023. The appeal having been e-filed on 29.04.2023, there is

a delay of 13 days in filing the Appeal. The cause shown in the affidavit is that

the officials of the Appellant were involved in discussion and there was a re-

emergence of Corona Virus Pandemic. Sufficient cause has been shown to

condone the delay. Delay condoned.

Heard Learned Counsel for the Appellant.

2. This Appeal has been filed against the order dated 17.03.2023 by which

order, Adjudicating Authority has rejected the application on the ground of bar

u/s 10 A.

3. Learned Counsel for the Appellant submits that invoices were given in

October 2010 and the huge default of about Rs. 4 crores have been committed.

4. We have heard the Learned Counsel for the Appellant and peruse the

records.

5. In paragraph 18 of the order, the Adjudicating Authority has noted the

following facts:-

"18. On the perusal of the fact in the

present petition, it is to be stated that the date of

Company Appeal (AT) (Ins) No. 844 of 2023 & I.A. NO. 2867 of 2023

1 default mention in the given case is 05.11.2020

and 25.11.2020. Therefore, by virtue of Section

10A of the Insolvency and Bankruptcy Code,

2016, such period is liable to be excluded for

initiating Corporate Insolvency Resolution Process

and hence, the present petition finds no stand."

6. Both the dates 5.11.2020 and 25.11.2020 being covered within the period

u/s 10A, no application u/s 9 could have been filed for the said default.

7. We do not find any error in the order rejecting Section 9 application. It

shall, however, be open for the Appellant to take such remedy as available in law

with regard to the grievance and non-payment.

8. Learned Counsel for the Appellant submits that proceedings were not

initiated during the period when the 10A creates the bar rather proceedings were

initiated subsequent to the said period. We are of the view that Section 10A

creates the bar in initiating the proceedings for the default committed u/s 10A

period. The mere fact that proceedings were subsequent to the said period will

not save the Applicant from the bar u/s 10A.

With these observations, the Appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Mr. Barun Mitra] Member (Technical)

ss/nn

Company Appeal (AT) (Ins) No. 844 of 2023 & I.A. NO. 2867 of 2023

2

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