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Paramjeet Singh vs Maxim Tubes Company Pvt. Ltd. & Another

National Company Law Appellate Tribunal20 November 2017

Ratio decidendi

The rule this decision rests on

Where an operational creditor's notice under Section 8(1) of the Insolvency and Bankruptcy Code, 2016 has been served and the corporate debtor neither disputes the claim nor replies within ten days under Section 8(2), an application under Section 9 that records no objection having been filed is maintainable, and the Adjudicating Authority may admit it where no specific evidence of a pre-existing dispute is placed on record. An appellate challenge to an order admitting a Section 9 application cannot succeed on a bare assertion of dispute, unsupported by specific evidence, where the corporate debtor has failed to raise the dispute in the statutory response under Section 8(2); the court declines to decide the genuineness of a contested document in that posture.

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. 150 of 2017IN THE MATTER OF:

Paramjeet Singh ...Appellant

Versus

Maxim Tubes Company Pvt. Ltd. & another ...Respondents

Present:

For Appellant : Shri Pankaj Khetan, CS

For 1st Respondent: Ms. Gargi R. Vyas, Advocate

For 2nd Respondent : Shri Subrahmanyam and Shri Ankur Singhal, Advocates

20.11.2017 This appeal has been preferred by the appellant - Paramjeet

Singh, Director of M/s. International Coil Limited against order dated 16th

August, 2017 passed by the Adjudicating Authority (National Company Law

Tribunal), Special Bench, New Delhi in (IB)-120(PB)/2017 whereby and

whereunder the application preferred by the respondent (Financial Creditor)

under Section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter

referred to as the 'I&B Code') has been admitted, order of moratorium has been

passed and the Interim Resolution Professional (IRP) has been appointed.

Learned counsel appearing on behalf of the appellant submitted that there

is an existence of dispute and brought on record certain letter in support of such

claim. However, aforesaid plea taken by the appellant has been objected by the

learned counsel for the respondent. According to respondent the letter is forged

Company Appeal (AT) (Insolvency) No. 150 of 2017 1 for which the appellant is liable for punishment. It is further submitted that the

respondent has received a letter from M/s. Mundra Solar Power, Adani informing

that no such letter was issued in favour of the appellant. However, in this appeal

we are not deciding the question whether document is forged one or not for the

reasons mentioned below.

Admittedly, operational creditor issued notice under sub-section (1) of

Section 8 of I & B Code to the Corporate Debtor; in spite of receipt of the such

notice, the Corporate Debtor had not disputed the claim nor submitted any reply

under sub-section (2) of Section 8 within a period of ten days. It was in the

aforesaid circumstances application under Section 9 was filed in Form 5,

wherein it was specifically mentioned that 'no objection has been filed by

Corporate Debtor' under sub-Section (2) of Section 8. In the aforesaid

circumstances and in absence of any specific evidence brought on record, we are

not inclined to interfere with the impugned order dated 16th August, 2017.

We find no merit in this appeal. It is accordingly dismissed. No cost.

[Justice S.J. Mukhopadhaya] Chairperson

[ Justice Bansi Lal Bhat ] [ Justice A.I.S. Cheema ] Member(Judicial) Member (Judicial)

/ns/uk

Company Appeal (AT) (Insolvency) No. 150 of 2017 2

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