Miss Lucy
← All judgments

In the matter of Laxmi Engineering Industries (Bhopal) Pvt. Ltd.

National Company Law Tribunal28 July 2023

Ratio decidendi

The rule this decision rests on

The Rule 4(3) requirement under the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, that a copy of a Section 7 application be furnished to the Board is a technical requirement, and its subsequent compliance during the pendency of the proceedings cures any defect, so that the application cannot be treated as defective on that ground.

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

Judgment

As delivered

IN THE NATIONAL COMPANY LAW TRIBUNALINDORE BENCHCOURT NO. 1ITEM No.202IA/170(MP)2023 in C.P.(IB)/8(MP)2022Proceedings under Rule 11 of NCLT Rules, 2016IN THE MATTER OF:Laxmi Engineering Industries (Bhopal) Pvt Ltd ........ApplicantV/sCanara Bank ........RespondentOrder delivered on 28/07/2023Coram:Mahendra Khandelwal, Hon’ble Member(J)Kaushalendra Kumar Singh, Hon’ble Member(T)PRESENT:For the Applicant :For the Respondent :ORDERIA/170(MP)2023The case is fixed for pronouncement of order.The order is pronounced in open Court vide separate sheet.Sd/- Sd/-KAUSHALENDRA KUMAR SINGH MAHENDRA KHANDELWALMEMBER (TECHNICAL) MEMBER (JUDICIAL)Narendra S. Tomar / Stenographer

BEFORE THE ADJUDICATING AUTHORITY NATIONAL COMPANY LAW TRIBUNAL BENCH AT INDORE IA/170(MP)2023 in CP (IB)08(MP)2022 IA/170(MP)2023 [An application filed in the matter of Section 7 petition] Laxmi Engineering Industries (Bhopal) Pvt. Ltd. 72-A, Sector-1, Govindpura, Industrial Area, Bhopal-Madhya Pradesh-462023. ……. Applicant Vs. Canara Bank B-3 & B-4, Tilak Nagar, Bawadiya Kalan, Bhopal, Madhya Pradesh-462026. ……. Respondent In the matter of: CP (IB)08(MP)2022 [An application under Section 7 of the Insolvency and Bankruptcy Code, 2016] Canara Bank B-3 & B-4, Tilak Nagar, Bawadiya Kalan, Bhopal, Madhya Pradesh-462026. ……Applicant/Financial Creditor

Vs. Laxmi Engineering Industries (Bhopal) Pvt. Ltd. 72-A, Sector-1, Govindpura, Industrial Area, Bhopal-Madhya Pradesh-462023. ……Respondent/Corporate Debtor

Coram: Mahendra Khandelwal, Hon’ble Member (J) Kaushalendra Kumar Singh, Hon’ble Member (T) Appearance: For Applicant : Ld. Adv. Mr. Rushil Shukla For Respondent : Ld. Adv. Mr. Abhishek Devgan

Order Reserved On 16.06.2023 Order Pronounced On 28.07.2023

ORDER 1. The present Interlocutory Application has been filed in the context of proceedings under Section 7 of the Insolvency and Bankruptcy Code against the Corporate Debtor in CP (IB)08(MP) 2022 for initiation of Corporate Insolvency Resolution Process. Through this IA the applicant/Corporate Debtor has taken a plea that Financial Creditor has not complied with the mandatory Rule 4(3) of the Insolvency and Bankruptcy (Application before Adjudicating Authority) under Rules 2016 and thereby the application being effective and deserves to be dismissed. We, however, find that in pursuance of the clarification sought on this issue, the Financial Creditor had submitted a copy of the application to the IBBI during the proceedings on 06.01.2023. This being in the matter of a technical requirement, we are of the view that compliance made even during the course of proceedings would suffice and on that account the application cannot be treated as defective. In view thereof we find that the plea taken by the Corporate Debtor through this IA is devoid of any merit and accordingly, the application stands dismissed/rejected.

Sd/- Sd/- KAUSHALENDRA KUMAR SINGH MAHENDRA KHANDELWAL MEMBER (TECHNICAL) MEMBER (JUDICIAL) Narendra S. Tomar/Steno

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free