regard to admission of the Section
7 application. In our considered view, the plea of bar under Section
10A, IBC is a non-starter ... Section 7
application, and the proceeding cannot be held to be barred in light
of the Explanation to Section 10A, IBC.
Page
demand notice under Section 8 of the
Insolvency and Bankruptcy Code, 2016 ("IBC"), and thereafter filed a Section
9 IBC Application for initiation ... crore prescribed under Section 4 of IBC,
making the Section 9 Petition filed by the Appellant not maintainable. The
IBC mandates that for a Corporate
clause 10A of IBC, since issued after 25.03.2020.
Aggrieved by this CIRP proceeding under Section 9 of IBC, despite Section
10A of IBC along with ... this section shall not
apply to any default committed under the said sections
before 25th March, 2020.]"
Section 10A of IBC was introduced during
clause 10A of IBC, since issued after 25.03.2020.
Aggrieved by this CIRP proceeding under Section 9 of IBC, despite Section
10A of IBC along with ... this section shall not
apply to any default committed under the said sections
before 25th March, 2020.]"
Section 10A of IBC was introduced during
Covid period) excluded under Section 10A, no
application under Section 7, 9 or 10 could ever be filed. Section
10A of the Code reads ... 25th September, 2020 for the purposes of the
said section i.e Section 10A of IBC.
25. Again on 22nd December, 2020 in exercise
Section 10A was that the
third invoice was dated 24.03.2020, which was one day prior to the period
covered under Section 10A of the IBC ... under Section 9 of IBC
can be filed."
18. Since the above finding of the Adjudicating Authority in the context
of Section 10A
supra citation is relating to section 9 of IBC 2016.
8. No petition under section 7 , 9 and 10 IBC 2016 can be
filed ... period covered by Section 10A , hence,
there is no occasion to hold that Section 7 application is
barred by Section 10A ..."
(emphasis supplied
occurred in the period excluded as per the provisions of Section
10A of the IBC, 2016, vide Order dated 17.01.2023 of the Adjudicating
Authority ... Financial Creditor under
Section 7 by treating it as a case not covered by the provisions of Section 10A
of the IBC, 2016. Considering
debt commenced from the date of the invoice.
In terms of Sec. 10A IBC which the Parliament thought it fit to introduce
during the Covid ... days from the date of invoice fell after 25.03.2020 for invoking
Sec.10A IBC. Since we propose not to presume the Work Order
prohibited period prescribed under Section 10A and
consequentially hit by the bar imposed by Section 10A of the IBC.
9. To appreciate the applicability ... imposed by Section 10A in the
present factual matrix, it would be relevant to notice the provisions of Section
10A of the IBC, 2016 which
