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Judgment
Heard Learned Counsel for the Appellant.
This Appeal has been filed against the order dated 09.05.2022 passed by the Adjudicating Authority (National Company Law Tribunal), Ahmedabad, Division Bench, Court-1, by which order the Adjudicating Authority has rejected the Application on the ground that it does not fulfil the threshold of Rupees One Crore although Application was filed on 16.02.2022.
Learned Counsel for the Appellant submits that he has earlier filed Section 7 Application which was dismissed for non-prosecution and thereafter Section 9 Application was filed. Hence, his Section 9 Application be treated to have been filed on the date he filed Section 7 Application.
We are of the view that the prayer of the Appellant to treat his Section 9 Application was filed on the date when he filed Section 7 Application cannot be accepted. In the Section 9 Application, statutory requirements have to be fulfilled and no error has been committed by the Adjudicating Authority in rejecting Section 9 Application on the ground that it does not fulfill the threshold.