This is an appeal against the order dated 13.10.2022 passed by the Adjudicating Authority (NCLT, Mumbai). The appellant, an operational creditor, filed a Section 9 application for a debt and default of Rs. 24,12,063/-. The Adjudicating Authority issued a notice on 26.02.2020 and further order on 23.03.2021 directing the Corporate Debtor to file its reply. The Corporate Debtor did not appear despite publication of notice. The Adjudicating Authority directed the Operational Creditor to deposit a Demand Draft of Rs. 5 lakhs in favor of the proposed IRP. The appellant challenges this direction, arguing that it is unnecessary since the IRP has already given consent and the Section 9 application has not yet been admitted.
SPJ Cargo Pvt. Ltd., the appellant, is an operational creditor. Blossom Grocery & Foods India Pvt. Ltd. is the respondent. The appellant filed a Section 9 application against the respondent for a debt and default of Rs. 24,12,063/-. The Adjudicating Authority (NCLT, Mumbai) directed the appellant to deposit a Demand Draft of Rs. 5 lakhs in favor of the proposed IRP. The appellant challenged this direction, arguing that the IRP had already consented to the fees and the Section 9 application had not been admitted. The Adjudicating Authority had issued a notice on 26.02.2020 and a further order on 23.03.2021 directing the Corporate Debtor to file its reply, but the Corporate Debtor did not appear. The direction to deposit the demand draft was issued on 13.10.2022. The
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This is an appeal against the order dated 13.10.2022 passed by the Adjudicating Authority (NCLT, Mumbai). The appellant, an operational creditor, filed a Section 9 application for a debt and default of Rs. 24,12,063/-. The Adjudicating Authority issued a notice on 26.02.2020 and further order on 23.03.2021 directing the Corporate Debtor to file its reply. The Corporate Debtor did not appear despite publication of notice. The Adjudicating Authority directed the Operational Creditor to deposit a Demand Draft of Rs. 5 lakhs in favor of the proposed IRP. The appellant challenges this direction, arguing that it is unnecessary since the IRP has already given consent and the Section 9 application has not yet been admitted.
SPJ Cargo Pvt. Ltd., the appellant, is an operational creditor. Blossom Grocery & Foods India Pvt. Ltd. is the respondent. The appellant filed a Section 9 application against the respondent for a debt and default of Rs. 24,12,063/-. The Adjudicating Authority (NCLT, Mumbai) directed the appellant to deposit a Demand Draft of Rs. 5 lakhs in favor of the proposed IRP. The appellant challenged this direction, arguing that the IRP had already consented to the fees and the Section 9 application had not been admitted. The Adjudicating Authority had issued a notice on 26.02.2020 and a further order on 23.03.2021 directing the Corporate Debtor to file its reply, but the Corporate Debtor did not appear. The direction to deposit the demand draft was issued on 13.10.2022. The
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