BSE Ltd vs Oswal Yarns Ltd

Heard learned counsel for the Appellant. This Appeal has been filed against order and judgment dated 30.08.2022 passed by National Company Law Tribunal, Chandigarh Bench by which order the Section 9 application filed by the Appellant has been dismissed as non-maintainable.

The Appellant-Operational Creditor has filed Section 9 application for claiming the listing fee to the tune of Rs.10,66,886/- . The Adjudicating Authority relying on the judgment of NCLT, Mumbai Bench has rejected the application observing that such listing fees falls within the regulatory dues and as such dues cannot be recovered under the operational debt.

Learned counsel for the Appellant fairly submits that this issue isalready covered by judgment dated 21.12.2021 of this Tribunal in “Company Appeal (AT) (Ins.) No. 346 of 2019, BSE Ltd. vs. Asahi Infrastructure & Projects Ltd.”. It is further submitted that against aforesaid judgment of this Tribunal Civil Appeal No. 2421 of 2022 has been filed by the Appellant which has been admitted by the Hon’ble Supreme Court and is awaiting hearing.

In view of the above, we following the earlier judgment of this Tribunal dated 21.12.2021 affirm the order of the Adjudicating Authority. The Appeal is dismissed accordingly.