Miss Lucy
← All judgments

Saurabh Nanda vs Big Barter Private Limited

National Company Law Appellate Tribunal7 March 2025Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Adjudicating Authority's admission of a Section 9 application may be upheld where the corporate debtor's submission that it will discharge the debt by a post-dated cheque amounts to an acceptance of both the debt and the default, so that no ground for interference with the admission order arises.

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. 137 of 2025

IN THE MATTER OF: Saurabh Nanda, Suspended Director of Born Unicorn Tech Prise Pvt. Ltd. ...Appellant Versus Big Barter Pvt. Ltd. & Anr. ...Respondents

Present: For Appellant : Mr. Aditya Gauri, Mr. Amar Dave, Ms. Damini Srestha, Mr. Anant Jain, Advocates. For Respondents : Mr. Akash Chatterjee, Advocate for R-1. Mr. Dhananjaya Sud, Advocate for R-2.

ORDER

(Hybrid Mode)

07.03.2025: Heard learned counsel for the parties. This appeal has

been filed against order dated 10.01.2025 passed by the Adjudicating

Authority (National Company Law Tribunal), New Delhi Bench, Court IV by

which order Section 9 application filed by the Respondent herein has been

admitted. When the appeal was taken for consideration, learned counsel for

the Appellant submitted that the Appellant has handed over a cheque for the

amount for which Section 9 application was filed. On 31.01.2025 following

order was passed:

"O R D E R (Hybrid Mode)

31.01.2025: Learned counsel for the Appellant submits that Appellant has handed over a cheque for the amount for which Section 9 application was filed. Learned counsel for the Respondent submits that the said is a post-dated cheque dated 02.03.2025.

Cont'd.../ 2

Let this appeal be taken on 07.03.2025.

Till next date, IRP may collate the claims, however, shall not constitute the CoC."

2. Today, when the matter was taken, learned counsel for the Respondent

submits that post-dated cheque could not be encashed and Appellant sought

further time from the Respondent.

3. The Adjudicating Authority has admitted Section 9 application after

returning finding of debt and default, and the fact that Appellant made

submission that he will pay debt by post-dated cheque clearly accept the debt

and default. We, thus, do not find any ground to interfere with the impugned

order. However, we grant liberty to file application under 12A before the

Adjudicating Authority in event a settlement is entered between the parties.

Subject to above liberty, appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No.137 of 2025

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