Tribunals and CommissionsDivision Bench(2022) 05 NCLAT CK 0081

Anuj Shrikant Tibrewla vs Minwool Rock Fibres Ltd

National Company Law Appellate Tribunal · Decided on 26 May 2022

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Naresh Salecha, Member (T)
RESULT
Dismissed
CASE NUMBER
Company Appeal (AT) (Insolvency) No. 586 Of 2022

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Judgment

6 paragraphs · 210 words
1.

Heard Learned Counsel for the Appellant.

2.

This Appeal has been filed against the Order dated 04.04.2022 passed by the Adjudicating Authority (National Company Law Tribunal, Cuttack Bench, Cuttack). By which order, the Application being MA(IB) No. 11/CB/2021 seeking amendment of Section 9 Petition filed by the Appellant has been rejected.

3.

The Application being MA(IB) No. 11/CB/2021 was filed in TP No. 200/CTB/2019 i.e. the amendment came to be filed after more than two years when once the Application was decided on basis of consent terms and subsequently it was revived.

4.

We are satisfied that ample reasons have been given by the Adjudicating Authority in the Impugned Order from Paragraphs 6 to 8 to reject the Amendment Application.

5.

We do not find any error in the Order impugned so as to entertain this Appeal. Learned Counsel for the Appellant submits that the observations made in paragraph 8 in the last line ‘there is no proof for the payment made by the Respondent’ is not correct. He submits that he has ample document to show the payment. It is for the Appellant to take leave of the Adjudicating Authority for bringing any ‘Additional Document’, if any, to prove his payment.

With these observations, the Appeal is dismissed.