CA(AT)(I)-818/2022-NCLAT

The case set up by the Appellant in the application under Section 10 was that the debt became due and payable in February, 2020, thus, default was prior to 25.03.2020 and the application filed under Section 10 cannot be held to be barred by Section 10A. We, thus, set aside the order of the Adjudicating Authority dated 05.04.2022 and revive the application of the Appellant under Section 10 in Company Petition IB9962/ND/2020 which may be considered afresh by the Adjudicating Authority and decided in accordance with law.