2025 (12) TMI 34

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....llant - LBF Publications Private Limited - Operational Creditor has filed the present Appeal under Section 61 of the IBC, challenging the Order dated 10.08.2023 passed by the NCLT, Mumbai Bench in CP (IB) No. 341/MB-IV/2022, whereby the Adjudicating Authority dismissed the Section 9 Application filed by the Appellant against A & A Business Consulting Private Limited - Corporate Debtor (CD). The CP was dismissed without considering the correct date of default dated 16.07.2021 which was clearly stated in the Rejoinder. 2. Both sides were heard after completion of the pleadings and also perused the materials on record. 3. Before proceeding further on merit, we find that the records show that there is undue delay of refiling of the Appeal....

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....Appellant should have cured the defects within a period of 7 days i.e., on or before 24.09.2023 from the date of notification of defects by the Registry, which did not happen in this case. The relevant extract of the 2016 Rules is reproduced herein below: "26. Endorsement and scrutiny of petition or appeal or document.-(1) The person in charge of the filing-counter shall immediately on receipt of appeal or document affix the date and stamp of the Appellate Tribunal thereon and also on the additional copies of the index and return the acknowledgement to the party and he shall also affix his initials on the stamp affixed on the first page of the copies and enter the particulars of all such documents in the register after daily filing....