The case involves an appeal against an order where the Adjudicating Authority allegedly did not consider the bar under Section 10A of the Insolvency and Bankruptcy Code (IBC). The Operational Creditor's application was rejected, and an application for amendment was also rejected. The Respondent had filed an application under Section 9 and issued a fresh notice under Section 8 on 23.01.2023, also seeking withdrawal of the Section 9 petition to file a fresh application.
Bhavit Sheth filed an appeal against Madan Bajrang Lal Vaishnawa, who is the IRP of Sporta Technologies Pvt. Ltd. & Anr. The application filed by the Operational Creditor was allegedly barred by Section 10A of the IBC. The Adjudicating Authority rejected the application for amendment but purportedly did not consider the Section 10A bar in the impugned order. The Respondent filed an application under Section 9 and issued a fresh notice under Section 8 on 23.01.2023. The Respondent also filed an application for withdrawal of the Section 9 petition to enable filing a fresh application. The court noted that the submission needed scrutiny.
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Respondent issued a…
Learned counsel for the Appellant submits that…
The case involves an appeal against an order where the Adjudicating Authority allegedly did not consider the bar under Section 10A of the Insolvency and Bankruptcy Code (IBC). The Operational Creditor's application was rejected, and an application for amendment was also rejected. The Respondent had filed an application under Section 9 and issued a fresh notice under Section 8 on 23.01.2023, also seeking withdrawal of the Section 9 petition to file a fresh application.
Bhavit Sheth filed an appeal against Madan Bajrang Lal Vaishnawa, who is the IRP of Sporta Technologies Pvt. Ltd. & Anr. The application filed by the Operational Creditor was allegedly barred by Section 10A of the IBC. The Adjudicating Authority rejected the application for amendment but purportedly did not consider the Section 10A bar in the impugned order. The Respondent filed an application under Section 9 and issued a fresh notice under Section 8 on 23.01.2023. The Respondent also filed an application for withdrawal of the Section 9 petition to enable filing a fresh application. The court noted that the submission needed scrutiny.
Respondent issued a…
Learned counsel for the Appellant submits that…