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Nikunj Woods Pvt Ltd vs Gujarat Colourlam Private Limited

National Company Law Appellate Tribunal29 July 2022Ashok Bhushan

Ratio decidendi

The rule this decision rests on

An application under Section 9 of the Insolvency and Bankruptcy Code, 2016 must independently satisfy all statutory requirements, including the minimum default threshold, when it is filed; it cannot be treated as filed on the date of an earlier Section 7 application that was subsequently withdrawn, so as to draw on that earlier date for the purpose of the threshold.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH,NEW DELHICompany Appeal (AT) (Ins) No. 875 of 2022IN THE MATTER OF:Nikunj Woods Pvt. Ltd. ...AppellantVs.Gujarat Colourlam Pvt. Ltd. ...RespondentPresent:

For Appellant: Mr. Anirudh Gupta, Mr. Ashish Gupta, Advocates

For Respondent: None

ORDER

(Through Virtual Mode)

29.07.2022: Heard Learned Counsel for the Appellant.

This appeal has been filed by order dated 8.6.2022 by which order the

Adjudicating Authority rejected the Section 9 application on the ground that the

application does not comply the threshold of Rupees one crore. The application

has been filed u/s 9 on 08.09.2021 i.e. after 24.3.2020.

Learned Counsel for the Appellant submits that he had earlier filed an

application u/s 7 which was permitted to be withdrawn on 02.02.2021, hence,

this application u/s 9 should be taken as filed on the day when he filed section

7 application.

We are of the view that such prayer of the Learned Counsel for the

Appellant cannot be considered. The application u/s 9 filed on 28.09.2021 has

to comply all statutory requirements and if the same do not comply with the

Company Appeal (AT) (Ins) No. 875 of 2022 1 threshold, application u/s 9 is to be rejected. There is no merit in the appeal.

In result, the Appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Justice M.Satyanarayana Murthy] Member (Judicial)

[Mr. Barun Mitra] Member (Technical)

Shashi/nn

Company Appeal (AT) (Ins) No. 875 of 2022 2

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