Case Note & Summary
The appeal was brought before the National Company Law Appellate Tribunal concerning a Section 7 petition filed by the respondent. The appellant, Sudarshan Infra Projects Private Limited, contested the correctness of the information provided to the National e-Governance Services Limited (NeSL) regarding the debt in question, claiming that the respondent had supplied an incorrect address. The Adjudicating Authority had rejected the appellant's request to file a sur-rejoinder with evidentiary materials supporting its claims. The respondent's counsel argued that the NCLT Rules did not allow for the filing of a sur-rejoinder after a rejoinder had been submitted. The Tribunal, however, permitted the appellant to file an affidavit to present the facts it wished to state, substituting the term 'sur-rejoinder' with 'affidavit'. The appellant was directed to submit the affidavit along with supporting documents within a week. The appeal was disposed of without costs.
Headnote
A) Insolvency Law - Filing of Additional Evidence - Permission to File Affidavit - Insolvency and Bankruptcy Code, 2016, Section 7 - The appellant sought to contest the correctness of information provided to NeSL regarding the debt and wished to file a sur-rejoinder, which was initially rejected. The court allowed the appellant to file an affidavit instead, emphasizing the need for the submission of supporting documents within a week. Held that the appellant should be permitted to present additional evidence to support its case (Paras 1-3).
Issue of Consideration
Whether the appellant could file a sur-rejoinder after the rejoinder was submitted.
Final Decision
The Tribunal allowed the appellant to file an affidavit instead of a sur-rejoinder, directing submission within a week along with supporting documents.
Law Points
- NCLT Rules
- Section 7 petition
- sur-rejoinder
- evidentiary materials
- filing of affidavit
