Tribunals and CommissionsDivision Bench(2022) 05 NCLAT CK 0002

Anil Kaushal vs Colliers International (India) Property Services Pvt. Ltd

National Company Law Appellate Tribunal · Decided on 2 May 2022

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Shreesha Merla, Member (T)
CASE NUMBER
Company Appeal (AT) (Insolvency) No. 448 Of 2022

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Judgment

3 paragraphs · 177 words
1.

Learned Counsel for the Appellant submits that Application under Section 9 of the I&B Code, 2016 filed by the Operational Creditor was both barred by Section 10A of the Code as well as barred due to non-compliance of threshold of Rs. 1 Crore. He further submits that initially by Email dated 04th March, 2020 an Amount of Rs. 88,90,740/- was claimed and thereafter two Invoices 01st April, 2020 and 04th April, 2020 an amount of Rs. 7,02,100/- and 4,36,600/- was claimed and by clubbing these two invoices, the threshold is sought to be crossed. It is submitted that the amount claimed being of March, 2020, it was clearly hit by Section 10 A of the Code and those two invoices could not be added hence it falls short of the threshold. Submissions needs scrutiny.

2.

Respondents to file Reply-Affidavits within four weeks. Rejoinder, if any, may be filed within two weeks, thereafter.

3.

List this Appeal on 06th July, 2022. In the meantime, the Order dated 22nd March, 2022 impugned in this Appeal shall remain stayed.