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Uberlux Concepts Llp vs Na

National Company Law Appellate Tribunal1 November 2018

Ratio decidendi

The rule this decision rests on

The Tribunal condones a ten-day delay in filing the appeal where counsel shows sufficient grounds in the condonation application. Where the Adjudicating Authority rejects a Section 10 application for want of the record of default, the appellate body will not decide the merits of default or debt, but may grant liberty to the applicant to refile the application accompanied by the record of default and of the debt owed to financial or operational creditors, the grant of liberty not amounting to any finding that a default has occurred or that a debt is due. A direction imposing costs is set aside where no reason for imposing costs is found, the costs being unsupported by any stated ground.

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. 666 of 2018IN THE MATTER OF:

Uberlux Concepts LLP. ...Appellant

Present:

For Appellant : Mr. Mohit Singh, Advocate

ORDER

01.11.2018 Having heard learned counsel for the appellant and being

satisfied with the grounds shown in the application, the delay of ten days in

preferring the appeal is condoned.

I.A. No. 1752 of 2018 stands disposed of.

This appeal has been preferred by 'Uberlux Concepts LLP' (Corporate

Applicant) against order dated 14th June, 2018 passed by the Adjudicating

Authority (National Company Law Tribunal) New Delhi whereby an application

preferred by the appellant under Section 10 of the I&B Code has been rejected

on the aground of non-furnishing the relevant record of the 'default'.

Having heard the learned counsel for the appellant instead of going into

the merit give liberty to the appellant to file a fresh application under Section 10

of the I&B Code along with record of 'default' and the 'debt' payable to one or

other 'financial creditors' or 'operational creditors'. However, we make it clear

that liberty granted to the appellant does not mean that we have held that there

is a 'default' and 'debt' is due, which is to be established by the appellant

referring to the records of the 'debt' and 'default'. -2-

Further, as we find no reason for imposing cost, the impugned order dated

14th June, 2018 is set aside so far it relates to imposition of cost of Rs.25,000/-

The appeal stands disposed of. No cost.

[Justice S.J. Mukhopadhaya] Chairperson

[ Justice Bansi Lal Bhat ] Member (Judicial)

/ns/uk/

Company Appeal (AT) (Insolvency) No. 666 of 2018

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