there were no bidders; execution was afterwards abandoned. On 7th October 1893 application for execution was next made. It was then found that the particulars ... fresh application in proper form attaching to it his former incomplete application. If this be regarded as a fresh application, execution is barred by limitation
Authority to ascertain fact and thereafter to admit or reject the
application, if incomplete.
41. Similarly, ten days' expiry period prescribed under sub-section ... case, the
application is complete, the Adjudicating Authority will admit the
application preferred by the Appellants. In case it is incomplete, the
Appellant be granted
whether as suggested by the learned Counsel for the appellant an incomplete application would be un application filed in accordance with law.
30. Before ... application would be an execution application in accordance with law will depend on whether minor or material particulars are lacking in the incomplete application. That
date of default) without the said
mandatory fulfillment of clause the application is incomplete. The mandatory of
the most critical part i.e. date ... clear that if there is a defect/incompletion
in the application, the Adjudicating Authority before rejecting shall give a
notice to the applicant to rectify
Appellant to
impress upon this Appellate Tribunal that the application under Section 7
was incomplete and despite orders of Adjudicating Authority same was not
completed ... would be absurd. In so far as the
contention regarding the application being incomplete is concerned, suffice
it to say that the Adjudicating Authority
authority may either admit the application or reject it. If the
application made under sub-section (2) is incomplete, the
adjudicating authority, under the proviso ... days of the receipt of an
application by the operational creditor, reject such application
if the application is incomplete and has not been completed
within
Limitation Act ; the particulars of Form
2 are incomplete. Therefore, the Application filed under Section 7 of the
Code could not have been admitted ... order, admit such Application; or
(b) default has not occurred or the Application under sub-section (2)
is incomplete or any disciplinary proceeding is pending
proposed resolution professional, it can admit
such application and in case the application is incomplete, required to provide
7 days' time to complete ... order, admit such application, or
(I,) default has not occurred or the application under sub-
section (2) is incomplete or any disciplinary proceeding is
pending
filing the application before the District Court occurred due to the reasons stated in the application; as the petitioner was prosecuting the application with ... time the applicant moved his application to this Court on 2-9-2003. It seems that the application was incomplete and was under objection
shall be at liberty to take an appropriate
decision. If the application is incomplete, it can return the same to
the 'Financial Creditor ... satisfied that a default
has occurred, the application must be admitted unless it is
incomplete, in which case it may give notice to the applicant
