# In the matter of R. Mangalam Vs. SPML Infra Ltd. CA (AT) No. 596-2018

> NCLAT judgment dated 2018-09-28. Citation: TCN-2018-NCLAT-00100. The case involves an appeal against the disposal of an application by a Financial Creditor…

- **Court:** NCLAT
- **Order date:** 28 Sept 2018
- **Citation:** TCN-2018-NCLAT-00100
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/r-mangalam-vs-spml-infra-ltd-ca-00616681

## Summary

### Background

The case involves an appeal against the disposal of an application by a Financial Creditor under Section 7 of the Insolvency and Bankruptcy Code (I&B Code). The Adjudicating Authority (National Company Law Tribunal) dismissed the application for triggering the Corporate Insolvency Resolution Process against the Corporate Debtor because the application was not in consonance with the provisions of the I&B Code and the prescribed form. The appellant sought condonation of delay in filing the appeal.

## Facts

R. Mangalam, claiming to be a Financial Creditor, filed an application to trigger the Corporate Insolvency Resolution Process against SPML Infra Ltd. The Adjudicating Authority (National Company Law Tribunal) dismissed the application because it was not in the prescribed format and not in consonance with the provisions of the Insolvency and Bankruptcy Code, 2016. The appellant sought condonation of delay of 13 days in filing the appeal. The appellant had not filed the application under Section 7 of the I&B Code in the prescribed format (Form-1) under Rule 4 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. The appellant filed the application in an ordinary form. The Adjudicating Authority's order was dated 2018-07-09.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority was correct in dismissing the appellant's application for …

**Ratio:** The ratio is that applications under Section 7 of the I&B Code must be filed in the

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**Reasoning:** The court reasoned that the appellant had not filed the application in the prescribed

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**Interpretation:** This issue involves the interpretation of Section 7 of the I&B Code and the

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**Application:** The ratio and reasoning apply to the specific facts of this case because the

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## Parties

- **Judges:** Bansi Lal…
- **Appellants:** R. Mang…
- **Respondents:** SPML Infr…
- **Advocates:** Arnav…

## Timeline

- **2018-07-09 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal) passed an order dismissing the…
- **2018-09-28 — Order by Appellate…**: The Appellate Tribunal disposed of the appeal, allowing the appellant to file a fresh…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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