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NCLAT held that the insolvency application's threshold must be assessed at the time of filing, not subsequent deposit. Despite respondent's partial payment reducing the outstanding amount below Rs. 1 Cr during proceedings, the original filing amount of Rs. 1,16,25,583/- remains determinative. The Tribunal's dismissal was deemed a patent error, and the matter was remanded for fresh adjudication in accordance with legal principles. The appellate tribunal allowed the appeal, directing the original tribunal to reconsider the Section 9 application based on the threshold existing at the time of initial filing.
NCLAT held that the insolvency application's threshold must be assessed at the time of filing, not subsequent deposit. Despite respondent's partial payment reducing the outstanding amount below Rs. 1 Cr during proceedings, the original filing amount of Rs. 1,16,25,583/- remains determinative. The Tribunal's dismissal was deemed a patent error, and the matter was remanded for fresh adjudication in accordance with legal principles. The appellate tribunal allowed the appeal, directing the original tribunal to reconsider the Section 9 application based on the threshold existing at the time of initial filing.
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