Tribunals and CommissionsDivision Bench(2022) 09 NCLAT CK 0107

Amit Auto Credit Company Private Limited vs Dr. CS Adv. Mamati Binani & Anr

National Company Law Appellate Tribunal · Decided on 30 September 2022

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (T)
RESULT
Disposed Of
CASE NUMBER
Company Appeal (AT) (Insolvency) No. 1207 Of 2022

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Judgment

3 paragraphs · 275 words
1.

Heard learned counsel for the Appellant and learned counsel for the Resolution Professional. This Appeal has been filed against order dated 22.09.2022 by which order I.A. No. 997/2022 filed by the Appellant has been rejected by the Adjudicating Authority. Resolution Professional has issued Form-G – ‘Notice inviting EoI’ on 03.08.2022. According to Form-G, last date of receipt of EOI was 19.08.2022 and last date for submission of Resolution Plan is 07.10.2022. The Appellant could not submit the EOI within the time prescribed and he send a request to the Resolution Professional on 31.08.2022, which was not accepted and then I.A. No. 997/2022 has been filed and the Adjudicating Authority rejected the application filed by the Appellant. Aggrieved by the said order this appeal has been filed.

2.

Learned counsel for the Appellant submits that Appellant ought to have been permitted to submit the EOI even thought there was a short delay. He submits that he is not seeking extension of time for submission of Resolution Plan last date of which is 07.10.2022. Learned counsel for the Appellant submits that he shall submit EOI within two days and in event EOI is found compliant the necessary information may be sent to them for preparation of Resolution Plan. The Appellant may submit EOI within two days.

3.

In event the EOI is submitted in two days, that may be examined and subsequent proceedings may be taken in accordance with law. We make it clear that this order be not treated as extension of time as prescribed in Form-G as it is only for the Appellant who has approached the Adjudicating Authority. The Appeal stands disposed of.