2021 (10) TMI 1348

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.... dismissing the appeal filed by the appellant. The appellant-Bank filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as 'IBC' for brevity) on 12.09.2018. The application was dismissed on the ground that it is barred by time. In the appeal, the NCLAT has affirmed the decision of the National Company Law Tribunal (hereinafter referred to as 'NCLT' for brevity). We have heard Shri V. M. Kannan, learned counsel for the appellant, and Shri Nikhil Nayyar, learned senior counsel for the respondent. The argument which is pressed before us by the learned counsel for the appellant is that, in this case, there were acknowledgements made by the respondent in its balance sheets which would ....

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....n the rejoinder affidavit and that too before the NCLAT and no such case was set up before the NCLT. He would press before us the judgment in Dena Bank (Now Bank of Baroda) v. C. Shivakumar Reddy and Anr. 2021 (9) SCALE 145. He drew support from the following statements in the said judgment: "144. There is no bar in law to the amendment of pleadings in an application under Section 7 of the IBC, or to the filing of additional documents, apart from those initially filed along with application under Section 7 of the IBC in Form-1. In the absence of any express provision which either prohibits or sets a time limit for filing of additional documents, it cannot be said that the Adjudicating Authority committed any illegality or error in ....