# In the matter of Office Beanz Pvt. Ltd. vs. NA

> NCLAT judgment dated 2024-09-09. Citation: TCN-2024-NCLAT-00732. The Appellant filed an appeal against an order dated 01.03.2024, where an application under…

- **Court:** NCLAT
- **Order date:** 9 Sept 2024
- **Citation:** TCN-2024-NCLAT-00732
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/office-beanz-pvt-ltd-5a068de8

## Summary

### Background

The Appellant filed an appeal against an order dated 01.03.2024, where an application under Section 10 was dismissed due to the bar of Section 10A of the IBC.

## Facts

An application under Section 10 was filed by the Appellant.

The application was dismissed due to the bar of Section 10A.

The Appellant argued that Section 10A only bars applications during the period of the bar.

The Appellant relied on the judgment of Ramesh Kymal Vs. Siemens Gamesa Renewable Power Private Limited.

The Hon'ble Supreme Court's interpretation of Section 10A was considered.

The court stated that Section 10A clearly bars applications under Sections 7, 8, and 10 for defaults occurring during the 10A period.

The appeal was dismissed.

## Issues and analysis

### Issue 1: Whether the bar under Section 10A of the IBC prevents the filing of an application under Section 10 …

**Ratio:** Section 10A clearly bars applications under Sections 7, 8, and 10 for defaults occurring

…

**Reasoning:** The language of the statute provides that no application for initiation of Corporate

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**Interpretation:** The interpretation sought by

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**Application:** The court applied the clear language of

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Office Beanz Pvt.…
- **Other parties:** Ramesh Kymal Vs.…; Swiss Ribbons (P)…
- **Advocates:** M. Da…; Aditya…; +1 more

## Timeline

- **2024-03-01 — Order Da…**: Order was passed against…
- **2024-09-09 — Hearing…**: The appeal was heard…

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