Insolvency and Bankruptcy Code, 2016:
A
B
c s.9(5) proviso thereto - Time limit of seven days in rectifying
''the defects in the application for initiation of corporate insolvency .
resolution process, whether mandatory or directory - Held:
Provision for removing the defects within seven days is directory
and not mandatory in nature - However, if the defects are not
removed within seven days, the applicant, while refiling the application after removing the defects, is required to file an
application explaining sufficient case as to why the defects could
not be removed/cured within seven days - The application u!s. 9(5)
can be entertained by the Adjudicating Authority only after it is
satisfied that sufficient case is made out for the delay.