M/S. L.I.Digital Payments Pvt.Ltd vs Mr. Ishan Surenaer Bhandula

IN THE MATTER OF: M/s LI Digital Payments Pvt. Ltd. ...Appellant Vs. Sh. Ishan Surender Bhandula ...Respondent

For Appellant: Ms. Vindhya Mehra and Madhur Jha War, Advocates

For Respondent: Mr. Shresth Jain, Mr. Shivam Kumar, Ms. Neha Jaiswal, Advocates. ORDER

(Virtual Mode) 17-12-2021: It is submitted by Learned Counsel for the Appellant that

Appellant has filed the present Appeal through e-filing No.

9910110/04634/2021 on 25.09.2021 and the hard-copy of the Appeal was

filed on 27.09.2021 and screen-shares the receipt of the E-filing which shows

that the e-filing has been done on 25.09.2021.

2. Further, Learned Counsel for the Appellant submits that the Impugned

Order is dated 26.08.2021 and in this way, the Appeal is within time and ratio

of Judgment of Civil Appeal No. 3327 of 2021 dated 22nd October, 2021 is not

applicable to this case.

3. Learned Counsel for the Appellant further submits that the Appellant is

aggrieved and dissatisfied by the Order dated 26.08.2021 passed by

Adjudicating Authority, New Delhi, Court-II in (IB)-751(ND)/2020 & I.A. No.

3762 of 2021 whereby Ld. Adjudicating Authority has rejected the prayer to

recall the Order dated 20.07.2021, to the extent to restore the right of the

Corporate Debtor to file the Reply to the application under Section 9 of IBC

and dismissed the I.A. 3762/2021.

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4. Heard Learned Counsel for the Appellant-Ms. Vindhya Mehra, Advocate.

Learned Counsel for the Appellant refers to Annexure A-7 at page 96 which is

the Order dated 05.01.2021 passed by Ld. NCLT whereby the Applicant was

directed to serve the soft copy of the application upon the Respondent's

counsel within a week and the matter was directed to be listed on 15.02.2021.

5. Learned Counsel for the Appellant further refers to Annexure A-8 at

page 97 which is the Email dated 18th January, 2021 at 12:50 PM sent to

Applicant by the Respondent before Ld. NCLT to serve the Corporate Debtor a

soft copy of the Application under Section 9 IBC along with all the documents

and supporting applications.

6. Learned Counsel for the Respondent-Mr. Shresth Jain appeared and

opposed the submissions of Learned Counsel for the Appellant and referred to

Page 98, Annexure A-9 which is the email dated 18th January, 2021 at 1:12

PM and this Email sent by Mr. Shreshth Jain, Advocate attaching the soft copy

of the entire paper book to the Corporate Debtor in view of the directions of

Ld. NCLT dated 05.01.2021.

7. Learned Counsel for the Appellant humbly prays this Tribunal to set

aside the Impugned Order dated 26.08.2021 passed by Adjudicating

Authority, New Delhi in CP(IB) No. 751/ND/2020 and restore the right of the

Appellant to file Reply to the Application filed under Section 9 of I & B Code,

2016.

8. Learned Counsel for the parties inform this Tribunal that the next date

of hearing before the Ld. Adjudicating Authority is 07th January, 2022.

Company Appeal (AT) Ins. No. 815 of 2021 3

9. In view of the submissions made above and in the interest of justice and

to do substantial justice with the parties, we are of the considered view that

the Impugned Order dated 26.08.2021 passed by Ld. NCLT, New Delhi in

CP(IB) No. 751/ND/2020 is hereby set aside and the right of the Appellant to

file Reply to the Application before Ld. NCLT under Section 9 of IBC is restored.

We direct the Learned Counsel for the Appellant-Ms. Vindhya Mehra

appearing on behalf of LI Digital Payments Pvt. Ltd. to file Reply to Application

filed under Section 9 of I&B Code, 2016 hard-copy as well as soft-copy by 04th

January, 2022 before Ld. NCLT by serving the soft copy of the Reply to the

Respondent(herein) with a cost of Rs. 3,000/- to be paid by Appellant(herein)

to Learned Counsel for Respondent (herein). Learned Counsel for Respondent-

Mr. Shresth Jain, Advocate is directed to share his Bank Account Number

during the course of the day and the Appellant is directed to transfer the

aforesaid amount of Rs. 3,000/- through RTGS on Account Number of

Respondent by 3rd January, 2022 and indicate the Court below.

Accordingly, the Appeal stands allowed. Copy of this Order be uploaded

and served to the National Company Law Tribunal, New Delhi.

[Justice Anant Bijay Singh] Member (Judicial)

[Ms. Shreesha Merla] Member (Technical)

Basant/kam

Company Appeal (AT) Ins. No. 815 of 2021