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Indotech Industrial Solutions Pvt Ltd vs Vishal Steels

National Company Law Appellate Tribunal2 August 2023Ashok Bhushan

Ratio decidendi

The rule this decision rests on

A corporate debtor which appears in Section 9 proceedings but neither files a reply nor takes any step to do so for an extended period cannot later raise the plea of pre-existing dispute in appeal, as no objection was taken before the Adjudicating Authority and the point therefore cannot be examined. Where the Adjudicating Authority has found the debt due and the default established, an application under Section 9 is properly admitted, and an appeal against such admission that raises no substantive ground is liable to be dismissed.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL,PRINCIPAL BENCH, NEW DELHIComp. App. (AT) (Insolvency) No. 1028 of 2023In the matter of:

Indotech Industrial Solutions Pvt. Ltd. ....Appellant Vs. Vishal Steels ...Respondent For Appellant: Mr. Raghavendra Pratak Singh, Mr. Kailash Autade, Mr. Sunil Kumar Sethi, Advocates. For Respondent:

ORDER

02.08.2023: Heard Learned Counsel for the Appellant.

2. This Appeal has been filed against the order passed by the Adjudicating

Authority (National Company Law Tribunal) admitting Section 9 Application.

The Appellant- Suspended Director of the Corporate Debtor who on the date

when the matter was heard appeared and asked for time from the Adjudicating

Authority. The Adjudicating Authority in paragraph 5 has returned a finding

that Corporate Debtor has appeared on 22.04.2022, 19.07.2022 and

03.11.2022 but did not choose to file reply.

3. Learned Counsel for the Appellant submitted that there was pre-existing

dispute and Operational Creditor has not disclosed the said submission in the

Application and they should be punished under Section 76.

4. We have considered the submissions of the Appellant and perused the

record.

2

5. The Corporate Debtor had appeared in the proceedings in the year 2022

which is recorded in the order dated 22.04.2022. For more than a year neither

reply has been filed nor any step was taken by the Corporate Debtor regarding

filing of the Reply. The Corporate Debtor choose to watch the proceedings and

took a chance. No objection having been filed by the Corporate Debtor, the

submission made by the Counsel for the Appellant regarding pre-existing

dispute cannot be examined nor can be raised in this Appeal. We are of the

view that the Adjudicating Authority having found debt due and default has

rightly admitted the Application.

6. We do not find any substance in the Appeal. The Appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Anjali/nn

Comp. App. (AT) (Insolvency) No. 1028 of 2023

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