M/S. Cmi Limited vs 1. M/S. Kotak Mahindra Bank Limited

IN THE MATTER OF: M/s. CMI Ltd. ...Appellant

Versus M/s. Kotak Mahindra Bank Ltd. ...Respondent

Present: For Appellant: Mr. Sunil Fernandes, Ms. Shankari Mishra, Ms. Niharika Tanwar, Ms. Diksha Dadv, Advocates For Respondent: Mr. Ravi Gupta, Sr. Advocate, Mr. Dhruv Gupta, Advocate ORDER

16.03.2023: Heard Learned Counsel for the Appellant and Learned

Counsel appearing for Respondent.

2. This Appeal has been filed against the Order dated 28.02.2023 passed in

I.A. No. 3768 of 2022 by which the Adjudicating Authority has allowed the

Application (I.A. No. 3768 of 2022) filed by the Appellant-Financial Creditor to

amend Form-1. By amendment in Form 1, the date of default was sought to be

amended. Although, the Adjudicating Authority has allowed the Application but

in paragraph 10 of the Order, has made following observations:

"10...........The issue of the correct date of default shall be adjudicated by this Adjudicating Authority after 2

hearing the arguments of both the parties in the main Company Petition i.e., (C.P.(IB) 481/PB/2021)."

3. The Adjudicating Authority has thus kept open the question of date of

default to be adjudicated by the Adjudicating Authority after hearing the

arguments of parties. We thus are of the view that no error can be found in

allowing the amendment application especially when the question of date of

default has been kept open to be considered at the time of arguments.

With these observations, the Appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

Basant/nn

Company Appeal (AT) Ins. No. 315 of 2023