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Judgment
O R D E R
05.09.2022: Heard Learned Counsel for the Appellant. No one is present for the Respondent. Although, time was allowed to Respondents to file a Reply but no reply has been filed.
This Appeal has been filed against the order dated 03.01.2022 by which Adjudicating Authority (National Company Law Tribunal, New Delhi, Bench V) has rejected the Section 9 application on the ground that it does not fulfil the threshold for Rs. One Crore.
In paragraph 7 of the order, the Adjudicating Authority has observed that application has been filed on 23.09.2021 for an amount of Rs. 88,15,207/-after the notification dated 24.03.2020.
While entertaining this appeal, this Appellate Tribunal on 05.07.2022 noticed the submission of the Appellant, which is to the following effect:-
“Learned Counsel for the Appellant submits that the Application was filed on 17th March, 2020 i.e. much before the Notification dated 24th March, 2020 enhancing the threshold from One Lakh to One Crore. Learned Counsel for the Appellant submits that the Adjudicating Authority rejected the Application holding that the Application has been filed only on 23rd September, 2021 which is not correct.
Issue Notice to the Respondent through Speed Post as well as Email. Requisites along with process fee, if not filed, be filed within two days.
Respondent to file Reply-Affidavit within two weeks. Rejoinder, if any, may be filed before the date fixed.
List this Appeal on 27th July, 2022.”
Learned Counsel for the Appellant has referred to Page 58 of the Appeal. Page 58 which contain seal of the National Company Law Tribunal indicating that company petition was filed on 19.03.2020 physically. Page 59 of the appeal indicates that on 17.03.2020 it was filed online. There being sufficient material on the record to prove that petition was filed prior to 24.03.2020, we set aside the impugned order passed by the Adjudicating Authority and revive the application under Section 9 before the Adjudicating Authority to consider the said application afresh and pass appropriate orders after hearing the parties.
The Appeal is allowed accordingly.