# In the matter of Bhavit Sheth vs. Madan Bajrang Lal Vaishnawa, IRP of Sporta Technologies Pvt. Ltd. & Anr.

> NCLAT judgment dated 2024-02-14. Citation: TCN-2024-NCLAT-00634. The case involves an appeal against an order where the Adjudicating Authority allegedly did…

- **Court:** NCLAT
- **Order date:** 14 Feb 2024
- **Citation:** TCN-2024-NCLAT-00634
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/bhavit-sheth-vs-madan-bajrang-lal-vaishnawa-irp-of-sporta-technologies-pvt-ltd-a-9c20e29f

## Summary

### Background

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.

## Facts

Bhavit Sheth filed an appeal against Madan Bajrang Lal Vaishnawa, 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 to withdraw the Section 9 petition to enable filing a fresh application. The court noted that the Respondent's submission needs scrutiny.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in not considering the bar under Section 10A of the …

**Ratio:** Section 10A of the IBC imposes a bar on initiating corporate insolvency resolution

…

**Reasoning:** The court needs to determine if the default in question falls within the period specified

…

**Interpretation:** Section 10A is interpreted to provide relief to companies facing financial

…

**Application:** The court will apply the ratio by examining the dates of default and comparing

…

## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Bhavit…
- **Respondents:** Sporta Technologie…; Madan Bajrang Lal…

## Timeline

- **2023-01-23 — Fresh Notice under…**: Respondent issued a fresh…
- **2024-02-14 — Order Da…**: Learned counsel for the Appellant submits that the application filed by the Operational…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/bhavit-sheth-vs-madan-bajrang-lal-vaishnawa-irp-of-sporta-technologies-pvt-ltd-a-9c20e29f