It is duty of the Adjudicating Authority to allow the Applicant to complete the application or cure the defect before taking up the matter for consideration in regard to admission or otherwise of application under Section 9 – Chandralekha Constructions Pvt. Ltd Vs. Khandelwal Group Pvt. Ltd. – NCLAT New Delhi
NCLAT held that at the pre-admission stage and in terms of the impugned order the Adjudicating Authority has only allowed a defect to be cured as it was pointed out that the documents in the two applications seeking the initiation of CIRP got exchanged. To correct the error and rectify the defect, the Adjudicating Authority in terms of impugned order dated 4th March, 2021 allowed the application of Respondent (Operational Creditor) to rectify the defect by placing correct documents on record. There is no infirmity in the impugned order, it being the duty of the Adjudicating Authority to allow the Applicant to complete the application or cure the defect before taking up the matter for consideration in regard to admission or otherwise of application under Section 9.
