# In the matter of Kansal Building Solutions Pvt Ltd. Vs. Dena Bank (Now Known as Bank of Baroda) CA(AT)(Insolvency) 478-2019

> NCLAT judgment dated 2019-05-03. Citation: TCN-2019-NCLAT-00586. The appeal was preferred by Kansal Building Solutions Pvt. Ltd. (Corporate Debtor) against…

- **Court:** NCLAT
- **Order date:** 3 May 2019
- **Citation:** TCN-2019-NCLAT-00586
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/kansal-building-solutions-pvt-ltd-vs-dena-bank-9b7ad2f5

## Summary

### Background

The appeal was preferred by Kansal Building Solutions Pvt. Ltd. (Corporate Debtor) against the order dated March 25, 2019, passed by the Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi, which admitted the application u/s 7 of the Insolvency and Bankruptcy Code, 2016 filed by the Respondent Dena Bank (Financial Creditor).

## Facts

Dena Bank (Financial Creditor) filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016, against Kansal Building Solutions Pvt. Ltd. (Corporate Debtor). The Adjudicating Authority admitted the application. Kansal Building Solutions Pvt. Ltd. then filed an appeal against the admission order, arguing that the application filed by Dena Bank was incomplete. The Adjudicating Authority was satisfied that Form 1 was complete and there is 'debt' and 'default'.

## Issues and analysis

### Issue 1: Whether the appeal u/s 61 of the I&B Code by the Corporate Debtor is maintainable after …

**Ratio:** Once an application under Section 7 of the I&B Code is admitted, an appeal under

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**Reasoning:** The court relied on the decision of the Hon'ble Supreme Court in ‘Innoventive Industries

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**Interpretation:** This interpretation means that once the adjudicating authority admits an

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**Application:** Since the application under Section 7 filed by Dena Bank was admitted, the

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +2 more
- **Respondents:** Kansal Building…; Dena…

## Timeline

- **2019-03-25 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi…
- **2019-05-03 — Appeal F…**: Kansal Building Solutions Pvt. Ltd. filed an appeal against the order dated March 25,…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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