The non-mentioning of the Date of Default does not affect the merits of the Section 9 Application filed by the Operational Creditor under IBC – M/s. Geocon Infra Pvt. Ltd. Vs. M/s. Brij Gopal Construction Company Pvt. Ltd. – NCLT New Delhi Bench Court-III

In the application filed u/s 9 of IBC, NCLT New Delhi Bench Court-III held that the date of default has not been specifically mentioned neither in the Demand Notice nor in Part-IV of the application. On perusal of Invoice no. 003 dated 13.12.2021 issued by the Operational Creditor to the Corporate Debtor, it appears that the goods were delivered on 13.12.2021. The payment by the Corporate Debtor was to be made within 30 days i.e. by 12.01.2022, as per Invoice no. 003 which has not been made. Therefore, the default occurred and thus we assume the date of default in the present matter to be 12.01.2022. Hence, we observe that the non-mentioning of the Date of Default does not affect the merits of the present case.

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