Case Note & Summary
The case involved two appeals filed by Think Hard India Private Limited against an order admitting a Section 95 application by the Financial Creditor. The appeals were heard in hybrid mode on 02.07.2026. The appellant sought to introduce an additional document, a letter dated 25.08.2022, which invoked a guarantee dated 27.07.2020. The appellant's counsel argued that the document could not be submitted earlier as they believed that the notice under Rule 7(2) of the 2019 Rules sufficed for invoking the guarantee. The respondent's counsel did not object to the admission of the additional document and agreed to remand the matter for fresh consideration, allowing the respondent time to file an affidavit regarding the new document. The Tribunal found that admitting the document served the ends of justice and set aside the impugned order, reviving the Section 95 application for fresh consideration. The Tribunal clarified that it would not opine on the merits of the additional document, leaving the decision to the Adjudicating Authority. The interim order was set aside, and the application was revived with all consequences.
Headnote
A) Insolvency Law - Section 95 Application - Admission of Additional Document - Insolvency and Bankruptcy Code, 2016, Section 95 - The Tribunal allowed the admission of an additional document and remanded the matter for fresh consideration by the Adjudicating Authority, emphasizing that it would not express any opinion on the document's merits. Held that the ends of justice necessitated the remand for a fair hearing (Paras 4-5).
Issue of Consideration
Whether the additional document can be admitted and the Section 95 application be remanded for fresh consideration.
Final Decision
The Tribunal set aside the impugned order, allowed the admission of the additional document, and revived the Section 95 application for fresh consideration by the Adjudicating Authority.
Law Points
- Insolvency proceedings
- Section 95 application
- invocation of guarantee
- additional documents
- fresh consideration
