ABHIJEET INFRASTRUCTURE LIMITED Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) In the earlier order of this Court dtd. 16/1/2024, while recording the submissions of the appellant, the second date in paragraph 2 is corrected to 29/12/2021 instead and in place of 1/2/2022. This correction is made on the basis that the lodgment as recorded in the website of the National Company Law Tribunal is 29/12/2021.

(2.) The application for amendment of the petition under Sec. 7 of the Insolvency and Bankruptcy Code, 2016 has been allowed by the order of the National Company Law Tribunal2dated 8/8/2023. This has been affirmed in appeal by the National Company Law Appellate Tribunal on 2/11/2023.

(3.) In the petition, which was originally filed by the respondent, the date of default was stated to be 30/4/2014. In the application for amendment, it was stated that the account of the Corporate Debtor became a Non-Performing Asset on 30/4/2014, which is the first date of default when the cause of action arose. However, it has been stated in paragraphs 3 and 5 of the application for amendment that: