Sunil Inderlal Sharma vs M/S Arora Iron & Steel Rolling Mills Pvt. ...

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI Comp. App. (AT) (Ins.) No. 1306 of 2022 In the matter of: Sunil Inderlal Sharma ....Appellant Vs. Arora Iron & Steel Rolling Mills Pvt. Ltd. & Anr. ...Respondents

For Appellant: Mr. Arvind Kumar Gupta and Ms. Henna George, Ms. Shivani Sharma, Advocates. For Respondents:

ORDER

15.12.2022: This appeal has been filed by the Suspended Director of the

Corporate Debtor challenging the order dated 28.10.2022 by which order

Section 9 application has been admitted. Section 9 application was filed for

principal amount of Rs. 5,59,673/- alongwith the interest.

2. When this appeal was taken, Learned Counsel for the Appellant

submits that the payment has already been made prior to the demand which

fact has not been brought on the notice of the Adjudicating Authority. On

02.11.2022 we pass the following order:-

"Learned Counsel for the Appellant submits that

the Adjudicating Authority admitted Section 9 Application

filed by the Operational Creditor for an amount of Rs.

5,59,673/-. It is submitted that the Appellant has taken

over the Corporate Debtor and when he came to know

that there are debts, the same was paid on 19.01.2021

which fact has not been brought on the notice of the

Adjudicating Authority by the Operational Creditor. Comp. App. (AT) (Ins.) No. 1306 of 2022 1 Learned Counsel for the Appellant has referred to Bank

Statement which evidences the payment. Submissions

need scrutiny.

2. Let 'Notice' be issued to the Respondents

through 'Speed Post'. Let the requisites together with

process fee be filed within three days from today. The

Appellant is required to provide the e-mail address of the

Respondents and in that mode also, the service can be

effected. The Appellant is also required to furnish the

Mobile No. of the Respondents to the 'Office of the

Registry'.

3. Let Reply be filed within three weeks. Rejoinder,

if any, may be filed within two weeks thereafter.

4. List this Appeal on 15.12.2022.

In the meantime, the impugned order dated

28.10.2022 passed by the Adjudicating Authority shall

remain stayed".

3. Notices have already been issued to the Respondent but no-one has

appeared for Respondent.

4. Noticing the submissions of the Appellant that payment has already

been made, we have also looked into the Bank Statement at page-53 which

indicate the Bank payment to the Operational Creditor on 19.01.2021.

Comp. App. (AT) (Ins.) No. 1306 of 2022 2 We, thus, are of the view that no purpose shall be served in permitting

the CIRP to continue.

The appeal is allowed. The order dated 28.10.2022 is set aside.

[Justice Ashok Bhushan] Chairperson

[Kanthi Narahari] Member (Technical)

[Mr. Barun Mitra] Member (Technical)

ss/nn

Comp. App. (AT) (Ins.) No. 1306 of 2022 3