2025 (4) TMI 1748

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....(JUDICIAL) AND JATINDRANATH SWAIN MEMBER (TECHNICAL) Present: For the Appellant: Mr. Satish Parasaran, Senior Advocate For Ms. Deepika Murali, Advocate. For the Respondent : Mr. R. Manav Gecil Thomas, Advocate. ORAL JUDGMENT PER : JUSTICE SHARAD KUMAR SHARMA, MEMBER (JUDICIAL): 1. The brief facts, which may be precisely required to be considered are that, a Financial Creditor has....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....er has also been filed on 08.01.2025, it's at this stage, the Application is pending consideration. 4. The Application for amendment was preferred by the Respondent thereafter seeking an amendment in the rectification of the date of default, which has already been given in the proceedings of Section 7 before the Ld. NCLT. 5. The question, which emerges for consideration before this Tribunal,....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....BC)/418/2024 in which the Appellant has already raised an objection to the aspect of determination of the date of default qua, its implication to the proceedings regards the limitation which has significant bearing for the purposes of initiation of the proceedings under Section 7 of the I & B Code, 2016. 7. As per the settled principles of law governing to the field of amendment, the amendment ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

...., the Court has rather permitted the Appellant to carry out the amendment qua the date of default, which has been referred to in the pleadings which was already raised by him. The Amendment as permitted to be carried by virtue of the Impugned Order passed on IA (IBC)/98/2025, when it was an issue being hotly debated and was already a subject matter of IA (IBC)/418/2024, which was objected by the A....