Application u/s. 7 of IBC admissible when default date is prior to section 10A period

Mobile Constructions Private Limited Vs Apple Land Development Private Limited (NCLAT Delhi)

NCLAT Delhi held that application under section 7 of the Insolvency and Bankruptcy Code, 2016 [IBC] admissible since date of default is much prior to section 10A period. Accordingly, appellant cannot be barred u/s. 10A to file proceedings under Section 7.

Facts- This is an Appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 against the dismissal of the Company Petition by which the Adjudicating Authority has dismissed the Section 7 Petition. The only

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