AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Learned Counsel for the Appellant.
This Appeal has been filed against the order passed by the Adjudicating Authority (National Company Law Tribunal) admitting Section 9 Application. The Appellant- Suspended Director of the Corporate Debtor who on the date when the matter was heard appeared and asked for time from the Adjudicating Authority. The Adjudicating Authority in paragraph 5 has returned a finding that Corporate Debtor has appeared on 22.04.2022, 19.07.2022 and 03.11.2022 but did not choose to file reply.
Learned Counsel for the Appellant submitted that there was pre-existing dispute and Operational Creditor has not disclosed the said submission in the Application and they should be punished under Section 76.
We have considered the submissions of the Appellant and perused the record.
The Corporate Debtor had appeared in the proceedings in the year 2022 which is recorded in the order dated 22.04.2022. For more than a year neither reply has been filed nor any step was taken by the Corporate Debtor regarding filing of the Reply. The Corporate Debtor choose to watch the proceedings and took a chance. No objection having been filed by the Corporate Debtor, the submission made by the Counsel for the Appellant regarding pre-existing dispute cannot be examined nor can be raised in this Appeal. We are of the view that the Adjudicating Authority having found debt due and default has rightly admitted the Application.
We do not find any substance in the Appeal. The Appeal is dismissed.