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Hardeep Singh vs State Bank Of India & Anr

National Company Law Appellate Tribunal31 October 2022Ashok Bhushan

Ratio decidendi

The rule this decision rests on

Where the Adjudicating Authority has found debt and default proved on an application under Section 7, it is not an error to admit the application; the admission stands on the proof of debt and default, and an appeal against such admission fails if the findings support it. A settlement offer made after admission of a Section 7 application does not itself bar or reverse admission; the proper course is for the corporate debtor to make its proposal to the financial creditor, and if the creditor accepts it, the parties may apply under Section 12A, which the Adjudicating Authority is to consider and decide.

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) (Insolvency) No.1266 of 2022

IN THE MATTER OF: Hardeep Singh Director of Suspended Board of Director of JSSI Hydraulics Pvt. Ltd. (Corporate Debtor) ...Appellant

Versus

State Bank of India and Anr. ...Respondents

Present: For Appellant: Mr. Dilip Kr. Niranjan, Advocate.

For Respondents: Mr. Siddharth Sangal and Mr. Chirag Sharma, Advocates for R-1.

ORDER

31.10.2022: Heard learned counsel for the parties. This Appeal has been

field against order dated 12.07.2022 by which order the Adjudicating

Authority has initiated insolvency resolution proceedings against the

Appellant on an application filed under Section 7 by the State Bank of India.

It was noted in the order that an OTS proposal was submitted by the Corporate

Debtor dated 06.05.2019 which was approved by the Bank on 27.08.2019 but

was declared failed on 19.09.2020.

2. It is submitted by learned counsel for the Respondent that another OTS

proposal was submitted in February, 2022, after passing of the order, which

is not acceptable to the Bank since the amount offered is less than the amount

offered in the earlier OTS proposal which was accepted.

3. Learned counsel for the Appellant submits that Appellant is ready to

revise his offer.

Cont'd.../ -2-

4. From the facts as have noticed by the Adjudicating Authority and the

findings recorded, we are of the view that no error has been committed by the

Adjudicating Authority in admitting Section 7 application there being debt and

default proved. Insofar as revision of offer is concerned, it is always open for

the Appellant to submit its proposal to the Bank, who may consider the same

and in event of acceptance of any such proposal, it is always open for the

parties to file application under Section 12A, which may be considered and

decided by the Adjudicating Authority. Subject to above observations, the

Appeal is dismissed.

5. Learned counsel for the Appellant submits that he shall be submitting

the OTS proposal within a period of one month. Submission is recorded.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No. 1266 of 2022

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