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Judgment
Heard Learned Counsel for the Appellant.
This Appeal has been filed against the order dated 30.01.2024 by which IA No.37 of 2024 filed by the Applicant for amendment in Section 7 application has been allowed and the liberty was granted to the Corporate Debtor to raise all issues in supplementary reply.
Learned Counsel for the Appellant contends that the date of default which was earlier mentioned was 02.06.2018 has been now amended as 29.09.2018. The Adjudicating Authority does not give any reason as to why amendment is being allowed. He has also referred to the Application and the list of dates and events and has pointed out to the Item No.18 as well where the date of NPA was mentioned.
When we look into the table of amendment which was sought to be allowed, in place of 02.06.2018 now amended date of default is 29.09.2018 which is in accord with the date of NPA as was mentioned in the original Form-1 i.e. 31.12.2018. Learned Counsel for the Appellant submits that even date of default is not acceptable and is not according to the RBI Circular.
We have considered the submissions of the Learned Counsel for the parties and perused the record.
The amendment which has been allowed is amendment as per the date of NPA claimed in the application under Section 7. It is true that there is no reason given in the order of the Adjudicating Authority but we have looked into the amendment proposed and amendment allowed and we are of the view that it is not a fit case for the Appellate Court to exercise its jurisdiction to interfere with the impugned order. Adjudicating Authority has already given liberty to the Corporate Debtor to raise all issues, including the issue of limitation. It shall be open for the Appellant to raise the question of date of NPA and the date of default as well.
With the above liberty, the Appeal is dismissed.