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Jai Prakash Bansal vs Agarwal Alloys & Anr

National Company Law Appellate Tribunal4 February 2019

Ratio decidendi

The rule this decision rests on

In an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, where the operational creditor has enclosed the ledger account, a confirmation of accounts by the corporate debtor, and a demand notice under Section 8(1), and the corporate debtor has not raised any objection before the demand notice was issued, the Adjudicating Authority is entitled to find that no pre-existence of dispute exists and to admit the application. The absence of a document or demand notice in support of the claim is not made out where the application itself encloses the relevant documents, and an Adjudicating Authority that does not call for further production does not thereby err in admitting the application.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALNEW DELHICompany Appeal (AT) (Insolvency) No. 39 of 2019IN THE MATTER OF:

Jai Prakash Bansal ...Appellant

Versus

Agarwal Alloys & Anr. ...Respondents

Present: For Appellant : Mr. Saurabh Kalia and Mr. Arjun Aggarwal, Advocates

ORDER

04.02.2019 This appeal has been preferred by the Appellant - 'Jai Prakash

Bansal - Shareholder' of 'Dayal Commercial Co. Pvt. Ltd.' (Corporate Debtor)

against order dated 29th November, 2018 whereby the Adjudicating Authority

(National Company Law Tribunal), Kolkata Bench admitted the application

under Section 9 filed by Agarwal Alloys (Operational Creditor).

2. Learned counsel appearing on behalf of the appellant submits that there

was no document or demand notice in support of the claim. The Adjudicating

Authority did not ask to produce the same and passed the impugned order. He

further submits that the 'corporate debtor' has disputed the claim. However, it

is not in dispute that the 'corporate debtor' has not raised any objection prior to

the Demand Notice issued under Section 8 (1) of the I&B Code.

3. From the application under Section 9 (Form 5), we find that the

'operational creditor' has not only enclosed the ledger account but also enclosed

the 'confirmation of accounts' of the 'corporate debtor' dated 22nd August, 2015

and the Demand Notice dated 15th November, 2016. Thereafter, the 'corporate 2

debtor' having failed to pay the amount due, the Demand Notice under Section

8(1) was issued on 14th September, 2017. The Adjudicating Authority having

noticed the same and there being no pre-existence of dispute, admitted the

application under Section 9 of the I&B Code.

4. We found no illegality in the impugned order. In absence of any merit, the

appeal is dismissed. No cost.

[Justice S.J. Mukhopadhaya] Chairperson

[ Justice Bansi Lal Bhat ] Member (Judicial)

/ns/uk/

Company Appeal (AT) (Insolvency) No. 39 of 2019

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