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Judgment
ORDER
The case is fixed for pronouncement of order. The order is pronounced in open Court vide separate sheet.
The present Interlocutory Application has been filed in the context of proceedings under Section 7 of the Insolvency and Bankruptcy Code against the Corporate Debtor in CP (IB)08(MP) 2022 for initiation of Corporate Insolvency Resolution Process. Through this IA the applicant/Corporate Debtor has taken a plea that Financial Creditor has not complied with the mandatory Rule 4(3) of the Insolvency and Bankruptcy (Application before Adjudicating Authority) under Rules 2016 and thereby the application being effective and deserves to be dismissed. We, however, find that in pursuance of the clarification sought on this issue, the Financial Creditor had submitted a copy of the application to the IBBI during the proceedings on 06.01.2023. This being in the matter of a technical requirement, we are of the view that compliance made even during the course of proceedings would suffice and on that account the application cannot be treated as defective. In view thereof we find that the plea taken by the Corporate Debtor through this IA is devoid of any merit and accordingly, the application stands dismissed/rejected.