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The Appellant's Section 7 IBC petition seeking initiation of CIRP against the Corporate Debtor was dismissed by NCLAT, affirming the adjudicating authority. NCLAT held that the date of default pleaded by the Appellant (22.10.2020) falls within the statutory exclusion period under Section 10A IBC, which precludes initiation of CIRP where the default date lies in that period. Disputed facts as to characterization of a Rs. 3.3 crore receipt were noted but not determinative given the Section 10A embargo. In consequence, there was no occasion to reopen the NCLT's conclusion and the appeal was dismissed, leaving the Section 7 dismissal intact.
The Appellant's Section 7 IBC petition seeking initiation of CIRP against the Corporate Debtor was dismissed by NCLAT, affirming the adjudicating authority. NCLAT held that the date of default pleaded by the Appellant (22.10.2020) falls within the statutory exclusion period under Section 10A IBC, which precludes initiation of CIRP where the default date lies in that period. Disputed facts as to characterization of a Rs. 3.3 crore receipt were noted but not determinative given the Section 10A embargo. In consequence, there was no occasion to reopen the NCLT's conclusion and the appeal was dismissed, leaving the Section 7 dismissal intact.
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