2021 (3) TMI 1445

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....) For R-1. JUDGMENT A.I.S. CHEEMA, J. 1. Respondent No. 1/Operational Creditor (The State Trading Corporation of India Limited) filed application under Section 9 of Insolvency and Bankruptcy Code, 2016 (IBC in short) having C.P. No. IB-697/ND/2018 before the Adjudicating Authority (National Company Law Tribunal, New Delhi, Court No. 4) and Application was admitted on 08th May, 2019 (Annexure A1-Page 90). Thus, the present Appeal has been filed and along with Appeal I.A. No. 2596 of 2019 is filed for Condonation of Delay. 2. Present Judgment is being passed disposing the I.A. No. 2596 of 2019 for Condonation of Delay. 3. The Appellant-Mr. Gurusharan Singh claims to be Director and Shareholder of the Corporate Debtor-M/s. Spacevision Imp....

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....o. 1 to the Appeal (The State Trading Corporation of India Limited) has filed Reply-Affidavit vide Diary No. 19254 opposing the Application to condone the delay and in the Reply-Affidavit the averments made by the Appellant are denied. According to the Respondent No. 1, the Appellant has been regularly filing returns and has been showing address mentioned in the Ministry of Corporate Affairs Data Base as registered address and copy of Annual Return for 2017-2018 has been filed at Annexure A with the Reply-Affidavit. This Respondent claims that the averments and arguments made regarding not having knowledge till 25th June, 2019 is not acceptable. The Respondent No. 1 is claiming that the record of IRP shows that various efforts were made to ....

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....th May, 2019 but at the concerned place there was no office/place of business. He claimed that he took Phone Number from the care-taker and called Ms. Lata and sent Whatsapp Message to her. The IRP claims that the said Lady stated that the Appellant was out of country and that other Director Mr. Ravi Gupta had gone to hill station. According to the IRP, the Lady assured to convey the message to Suspended Board of Directors regarding CIRP. Copy of the Screen Short has been attached at Annexure 3. There is yet another effort made by the IRP which shows that he sent a messenger with Letter dated 12.06.2019 copy of which is at Annexure 4. The IRP got endorsement on Annexure 4 of receipt which records that "Received on behalf of Mr. Ravi Gupta".....

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....ubsequently consumed 28 days calculate to 58 days taken for filing of the Appeal. We are ignoring the averments made regarding the time consumed for taking inspection as that does not help in calculating limitation. This is so especially in the context of communications which IRP had already sent with regard to the Impugned Order dated 08th May, 2019. The IRP was acting in official capacity and with word against word and we would rely on the IRP (and the letter dated 30.05.2019) when he states that the communication dated 30th May, 2019 was sent along with copy of the Impugned Order dated 08th May, 2019. 8. The argument that free copy was not served on the Appellant is not relevant. IBC does not have provision to serve free copies. Even if....