NCLAT directs NCLT to hear Belgotex India insolvency plea
New Delhi, April 2 -- The National Company Law Appellate Tribunal (NCLAT) has set aside an NCLT order rejecting Belgotex India's insolvency plea against Puneet India on the ground of a pre-existing dispute.
Allowing the Belgotex India appeal, a two-member NCLAT bench has remanded the matter back to the New Delhi bench of NCLT, directing it to pass a fresh order after hearing all the parties. The appellate tribunal said a "patent illegality has been committed" by the National Company Law Tribunal (NCLT) in computing the date of default as well in computation of the amount falling under the period as provided under Section 10A of the Code.
"We are of the considered view that the Ld. Adjudicating Authority (NCLT) has committed manifest illegality in rejecting the application moved by the appellant/applicant (Belgotex) under Section 9 of the Code, and therefore, the impugned judgment may not withstand the test of law and is hereby set aside. Consequently, the appeal is allowed," said NCLAT.
"The matter is remanded back to Adjudicating Authority to pass an order a fresh after providing an opportunity of being heard to the parties," said the bench comprising Justice Mohd Faiz Alam Khan and Naresh Salecha, in its order.
Belgotex is a leading manufacturer of carpet and vinyl flooring. It is part of Belgotex International Group, which is Africa's leading carpet and artificial grass manufacturer....
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