# In the matter of KKalpna Industries (India) Ltd. Vs.
Atharva Poly-Plast Pvt. Ltd. Company Appeal (AT) (Insolvency) No. 761 of 2022

> NCLAT judgment dated 2022-07-15. Citation: TCN-2022-NCLAT-00356. The appeal was filed against the order dated 28.04.2022 by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 15 Jul 2022
- **Citation:** TCN-2022-NCLAT-00356
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/kkalpna-industries-india-ltd-vs-atharva-poly-plast-pvt-ltd-company-appeal-6935920c

## Summary

### Background

The appeal was filed against the order dated 28.04.2022 by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, Court-IV, which rejected the Appellant's application as non-maintainable because it did not meet the minimum criteria of Rs.1 Crore, whereas the application was filed on 23.04.2022. The appellant had previously filed an application under Section 9 on 17.02.2020, which was later filed physically on 19.02.2020. However, since the application was untraceable, a fresh application was filed on 23.04.2022.

## Facts

KKalpna Industries (India) Ltd. filed an application under Section 9 on 17.02.2020, which was later filed physically on 19.02.2020. The application became untraceable. A fresh application was filed on 23.04.2022. The Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, Court-IV, rejected the Appellant's application as non-maintainable because it did not meet the minimum criteria of Rs.1 Crore. The Adjudicating Authority passed the order in C.P.(IB)/530/2022. The amount claimed in the petition was Rs.6.5 Lakhs. The appellant filed an appeal against the order of the Adjudicating Authority.

## Issues and analysis

### Issue 1: Whether the order passed by the Adjudicating Authority rejecting the Application suffers from any …

**Ratio:** The Adjudicating Authority has the power to reject applications that do not meet the

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**Reasoning:** The court reasoned that the Adjudicating Authority's order did not suffer from any error

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**Interpretation:** The interpretation of the law is that the Adjudicating Authority has the

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**Application:** In this case, the Adjudicating Authority's decision to reject the application

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## Parties

- **Judges:** Ashok Bh…; M. Satyanarayana…; +1 more
- **Appellants:** KKalpna Industries…
- **Respondents:** Atharva Poly-Plast…

## Timeline

- **2020-02-17 — Application…**: Appellant filed an…
- **2020-02-19 — Application Filed…**: Appellant filed the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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