Ravi Jain, Director Vivid It Solutions ... vs Pro Sportify Pvt. Ltd. & Anr

Ravi Jain, Director Vivid IT Solutions Pvt. Ltd. ...Appellant

Vs

Pro Sportify Pvt. Ltd. & Anr. ....Respondents

Present: For Appellant: Mr. Akshat Bajpai and Mr. Vidhan Vyas, Advocates. For Respondents:

ORDER

31.01.2019: This appeal has been preferred by 'Ravi Jain, Director of Vivid

IT Solutions Pvt. Ltd.' (Corporate Debtor) against the order dated 17th October,

2018 passed by the Adjudicating Authority (National Company Law Tribunal),

New Delhi Bench whereby the application under Section 9 preferred by the

Respondent - 'Pro Sportify Pvt. Ltd.' (Operational Creditor) has been admitted.

2. Initially, referring to the order dated 17th October, 2018, it was informed

that impugned order was passed ex-parte. The Respondent was asked to file

reply and now learned counsel for the Appellant accepted that demand notice

under Section 8(1) was served on the Corporate Debtor but no reply was given.

3. It was also accepted by learned counsel for the Appellant that notice of

admission issued by the Adjudicating Authority was also served but the

Corporate Debtor did not choose to appear. Now stand taken by the Appellant

is that the claim on the record on basis of which insolvency process was initiated -2-

is forged and fabricated. However, such stand was not taken by the Appellant

before the Adjudicating Authority. We are of the view that these issues could not

be decided by the Adjudicating Authority or by this Appellate Tribunal and

should be raised before a court or appropriate authority.

4. The Adjudicating Authority after noticing that there is a debt and default

having not denied and records being in order, rightly admitted the application

under Section 9. We find no merit in this appeal, it is accordingly dismissed. No

costs.

[Justice S. J. Mukhopadhaya] Chairperson

[Justice Bansi Lal Bhat] Member (Judicial) am/sk

Company Appeal (AT) (Insolvency) No. 761 of 2018