Miss Lucy
← All judgments

Omansh Enterprises Limited vs Kayem Food Industries Private Limited

National Company Law Appellate Tribunal6 December 2022Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The threshold for an application under Section 7 of the Insolvency and Bankruptcy Code, 2016, as amended by the notification of 24.03.2020 under Section 4, is one crore rupees, and an application under Section 7 for a default below that threshold is not maintainable and cannot be entertained.

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.1435 of 2022& I.A. No. 4515 of 2022IN THE MATTER OF:

Omansh Enterprises Ltd. ...Appellant

Versus

Kayem Food Industries Pvt. Ltd. ...Respondent

Present: For Appellant: Present but appearance not marked. For Respondents: Mr. Manish Sharma, Mr. Ninad Dogra and Mr. S. Aggarwal, Advocates.

ORDER

06.12.2022: This Appeal has been filed against order dated 29.07.2022.

passed by the Adjudicating Authority by which order Section 7 application

filed by the Appellant has been rejected on the ground of not fulfilling the

threshold limit. An application under Section 7 was filed by the Appellant on

10.06.2021 for an amount of Rs.89,05,000/-. The Adjudicating Authority held

that the threshold having not been fulfilled the application is not maintainable.

2. Learned counsel for the Appellant submits that against the judgment of

this tribunal in 'Jumbo Paper Products vs. Hansraj Agro Fresh Pvt. Ltd.'

Appeal is pending in the Hon'ble Supreme Court where the Appellant has also

filed an Intervention Application.

Cont'd.../ -2-

3. Be that as it may. The law is well settled by several judgments of this

Tribunal that after 24.03.2020 when the threshold was amended under

Section 4, application under Section 7 cannot be entertained where the

threshold is less than one crore. We may also refer to judgment of this

Tribunal in "Prafulla purushottamrao Gadge vs. Narayan Mangal & Anr.,

Company Appeal (AT) (Ins.) No. 498 of 2022" decided on 06.05.2022. We,

thus, do not find any error in the order impugned. Appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Dr. Alok Srivastava] Member (Technical)

[Barun Mitra] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No. 1435 of 2022

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free