The appeal was filed against an order dated 24th May 2017, passed by the Adjudicating Authority (National Company Law Tribunal), Ahmedabad Bench, Ahmedabad. The appeal was filed beyond the prescribed period of 30 days from the date of receipt of the order, leading to an application for condonation of delay. The appellant argued that the Appellate Tribunal was closed during summer vacations, causing a delay of 11 days even after excluding the vacation period. The appellant contended that the impugned order was passed without considering that the notice dated 15th January 2017, under Section 8(1) of the Insolvency and Bankruptcy Code, 2016, was not issued by the respondent but by a legal firm. The respondent's counsel accepted this.
Shyam Industries Ltd. filed an appeal against an order passed by the Adjudicating Authority (NCLT), Ahmedabad, on May 24, 2017. The appeal was delayed by 11 days after excluding summer vacation period. The main ground for the appeal was that the notice under Section 8(1) of the Insolvency and Bankruptcy Code, 2016, was not issued by the Operational Creditor (R. L. Steel Energy Ltd.) but by their legal firm, RT Legal, Advocates & Consultants. The appellant argued that the notice was invalid because it was not issued by the Operational Creditor directly or by an authorized representative holding a position within the company. The respondent's counsel accepted that the notice was issued by the legal firm. A similar case, Uttam Galva Steels Limited v. DF Deutsche
…Sign in to view the parties.
Notice dated 15th January 2017 issued under…
Another notice was…
The appeal was filed against an order dated 24th May 2017, passed by the Adjudicating Authority (National Company Law Tribunal), Ahmedabad Bench, Ahmedabad. The appeal was filed beyond the prescribed period of 30 days from the date of receipt of the order, leading to an application for condonation of delay. The appellant argued that the Appellate Tribunal was closed during summer vacations, causing a delay of 11 days even after excluding the vacation period. The appellant contended that the impugned order was passed without considering that the notice dated 15th January 2017, under Section 8(1) of the Insolvency and Bankruptcy Code, 2016, was not issued by the respondent but by a legal firm. The respondent's counsel accepted this.
Shyam Industries Ltd. filed an appeal against an order passed by the Adjudicating Authority (NCLT), Ahmedabad, on May 24, 2017. The appeal was delayed by 11 days after excluding summer vacation period. The main ground for the appeal was that the notice under Section 8(1) of the Insolvency and Bankruptcy Code, 2016, was not issued by the Operational Creditor (R. L. Steel Energy Ltd.) but by their legal firm, RT Legal, Advocates & Consultants. The appellant argued that the notice was invalid because it was not issued by the Operational Creditor directly or by an authorized representative holding a position within the company. The respondent's counsel accepted that the notice was issued by the legal firm. A similar case, Uttam Galva Steels Limited v. DF Deutsche
…Notice dated 15th January 2017 issued under…
Another notice was…