Pawan Kumar Shukla vs M/S Mahaveer Medicare & Anr

Company Appeal (AT) (Insolvency) No. 388 of 2024 & I.A. No. 1328 of 2024 IN THE MATTER OF:

Pawan Kumar Shukla ...Appellant(s)

Versus

Mahaveer Medicare & Anr. ...Respondent(s)

Present: For Appellant : Mr. Sunil Fernades, Mr. Amit Bhall, Ms. Diksha Dadu, Ms. Rajshree, Mr. Rajat Sharma, Advocates For Respondents :

ORDER

(Hybrid Mode)

26.02.2024: Heard Learned Counsel for the Appellant.

2. Learned Counsel for the Appellant submits that this appeal has been

filed against the Order admitting Section 9 Application which was barred by

Section 10 A.

3. Learned Counsel for the Appellant submits that Appellant by

amendment application changed the date of default and deleted the claim with

regard to period which was covered by Section 10A. It is submitted that the

amendment was allowed by the Adjudicating Authority which prejudices the

Appellant.

4. The Adjudicating Authority considered the submission of the Appellant

and framed specific issue no. ii with regard to Section 10A. The Adjudicating

Authority after hearing the parties returned a finding that application is not 2

barred by Section 10A since the default was prior to 10A period and it was

held that default was committed prior to Section 10A period i.e. 25.09.2018.

5. We have considered the submissions of Learned Counsel for the

Appellant and perused the record.

6. It is well settled that no application can be filed for any default

committed prior to Section 10A period and the Applicant was permitted to

delete the claim with regard to 10A period and there was admittedly default

prior to 10A period, we do not find any error in admitting Section 9

Application. When the default is committed prior to Section 10A period which

is more than the threshold amount, no error can be said to have been

committed by the Adjudicating Authority in admitting Section 9 Application.

We do not find any merit in the Appeal, the Appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical) Basant/nn

Company Appeal (AT) (Insolvency) No.388/2024