Authorisation Letter, even if, issued prior to the enactment of the Code can be looked into for purpose of entertaining an application under Section 7 or 9 of the Code- Ramesh Murji Patel Vs. Aramex India Pvt. Ltd. & Anr.- NCLAT New Delhi
Learned counsel for the Appellant submitted that the application under Section 9 was not signed by the authorised person as the Authorisation was done in the year 2013 by the Operational Creditor. According to him such 2013 authorization would not be justified for filing an application under Section 9 as Insolvency and Bankruptcy Code has come into force since 1st December, 2016. The Appellate Tribunal observed that such submission cannot be accepted as Authorisation Letter, even if, issued prior to the enactment of I&B Code can be looked into for purpose of entertaining an application under Section 7 or 9 of the Code.
