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Judgment
Heard learned counsel for the parties. This Appeal has been filed against the order dated 04.07.2022 by which order section 9 application filed by the Appellant has been rejected. Appellant’s case is that Appellant issued contract work (LOA) dated 09.09.2020 and thereafter Appellant completed the work and issued five invoices between October, 2020 and January, 2021 for which payments were not made, hence, Section 9 application was filed. The Adjudicating Authority in the impugned order has noticed that the date of default of all the invoices falls between 19.11.2020 to 21.02.2021, hence, the application was held to be barred by Section 10A.
Learned counsel for the Appellant submits that since the LOA was issued during the COVID period, hence the application was not barred.
We are not impressed by the submission of learned counsel for the Appellant. When the default is covered by Section 10A and legislature has clearly indicated that no application shall ever be filed for initiation of corporate insolvency resolution process of a corporate debtor for the default occurring during the 25.03.2020 to 24.03.2021 period, we do not find any infirmity in the order of the Adjudicating Authority rejecting application under Section 9. There is no merit in the Appeal. Appeal is dismissed.
We make it clear that it shall be open for the Appellant to take such other remedies as available in law.