Heavy Metal & Tubes Ltd vs Bank Of Baroda

Heavy Metal & Tubes Ltd. ...Appellant 201, 1st Floor, Ahwarth Building, Ashram Road, Usmanpura, Ahmedabad- 380 013

Vs

Bank of Baroda ....Respondent Dena Corporate Centre, C-10, G-Block, BandraKurla Complex, Bandra (East) Mumbai- 400 051

And,

Ashram Road Branch, Dena Laxm9i Bhavan, Ground Floor, Ashram Road, Navrangpura, Ahmedabad- 380 009

Present:

For Appellant: Mr. M.S. Vishnu Sankar, Mr. David Rao, Advocates. For Respondent: None.

ORDER

04.03.2020 This Appeal has been filed by the learned Counsel for the

Corporate Debtor against the Impugned Order, which has permitted the

Respondent - Bank of Baroda accepting their Application to correct

typographical errors in title of Affidavit typing the status of the Petitioner where

the Petitioner is shown as "Operational Creditor" instead of "Financial Creditor".

Company Appeal (AT)(Insolvency) No. 375 of 2020 Page 1 of 3 Learned Counsel for the Appellant states that the Impugned Order changes the

nature of the proceeding from one of the Applicant being "Operational Creditor"

to that of "Financial Creditor". It appears that the Application was filed by Dena

Bank which has now merged with the Bank of Baroda. Learned Counsel referred

to page No. 38 where the title of Affidavit reads as:

"Affidavit in support of initiation of Corporate Insolvency

Resolution Process by Operational Creditor under Section 7

of the Insolvency and Bankruptcy Code, 2016."

(error emphasized)

2. Learned Counsel for the Appellant submits that the Impugned Order as

has been passed could not have been passed as the rights of the Appellant get

affected. We have gone through the Impugned Order and it appears to us that

typing error or clerical error is being tried to be corrected. Adjudicating Authority

looked into the contents of Cause Title and Form - I and held that there is typing

error and allowed it to be corrected. An Application under Section 7 can never

be filed by an "Operational Creditor" and the portion extracted above from the

Affidavit makes this clear. It is apparent typing error seeing the Application filed

in the whole.

3. The Application pending before the Adjudicating Authority (National

Company Law Tribunal), Ahmedabad Bench, Ahmedabad has not yet been

admitted.

4. We find no reason to interfere with the Impugned Order.

Company Appeal (AT)(Insolvency) No. 375 of 2020 Page 2 of 3

The Appeal is dismissed. No orders as to costs.

[Justice A.I.S. Cheema] Member (Judicial)

[Justice Anant Bijay Singh] Member (Judicial)

(Kanthi Narahari) Member(Technical) Akc/Md

Company Appeal (AT)(Insolvency) No. 375 of 2020 Page 3 of 3