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Infinity Infotech Parks Limited vs M/S Gannon Dunkerley & Co. Ltd

National Company Law Appellate Tribunal22 April 2022Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Adjudicating Authority may permit substitution of the name of a transferee entity in a Section 9 application where the amendment application discloses the merger that was not mentioned in the original application and the materials on record support that the corporate debtor has merged into the transferee. A plea that notice under Section 8 was not properly served, first raised in appeal, need not be entertained at the appellate stage where it is open to the appellant to raise it at the appropriate stage before the Adjudicating Authority.

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. 441 of 2022IN THE MATTER OF:

Infinity Infotech Parks Ltd. ...Appellant

Versus

Gannon Dunkerley & Company Ltd. ...Respondent

For Appellant: Mr. Jayant Mehta, Sr. Advocate with Ms. Neha Somani, Advocate. For Respondent: Mr. Utsav Saxena and Ms. Sweta Murgal Gandhi, Advocates.

ORDER

(Virtual Mode)

22.04.2022: Heard Shri Jayant Mehta, learned counsel for the

Appellant. This Appeal has been filed against order dated 02.03.2022 passed

by the Adjudicating Authority in I.A. No. 182 of 2020. By the I.A. an

application was filed for substitution of the name of the Corporate Debtor with

that of the transferee entity. The Adjudicating Authority has allowed the

Application. Aggrieved by the said order Appellant has filed this Appeal.

2. We are of the view that the Adjudicating Authority did not committed

any error in allowing the Application filed for substitution of name of the

transferee to be substituted in the Section 9 Application. From the materials

on the record it can be seen that the Amendment Application mentions about

the merger although this was not mentioned in the Section 9 Application.

3. Learned counsel for the Appellant submits that there was no proper

service of notice under Section 8. We are of the view that this issue need not

Cont'd..../ 2

be entertained at this stage and it is always open for the Appellant to raise

issues at appropriate stage. With these observations, we dismiss this Appeal.

4. Learned counsel for the Respondent has also made submission before

us that they are in the process of settlement and settlement has already been

arrived. We are of the view that it is for the parties to take appropriate steps

before the Adjudicating Authority, if any settlement is arrived.

[Justice Ashok Bhushan] Chairperson

[Dr. Alok Srivastava] Member (Technical)

[Shreesha Merla] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No. 441 of 2022

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