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M/S. SURENDRA TRADING COMPANY vs. M/S. JUGGILAL KAMLAPAT JUTE MILLS COMPANY LIMITED AND. OTHERS

SCR Citation: [2017] 9 S.C.R. 743
Year/Volume: 2017/ Volume 9
Date of Judgment: 19 September 2017
Petitioner: M/S. SURENDRA TRADING COMPANY
Disposal Nature: Appeals Allowed
Neutral Citation: 2017 INSC 957
Judgment Delivered by: Hon'ble Mr. Justice Arjan Kumar Sikri
Respondent: M/S. JUGGILAL KAMLAPAT JUTE MILLS COMPANY LIMITED AND. OTHERS
Case Type: CIVIL APPEAL /8400/2017
Order/Judgment: Judgment
1. Headnote

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. 

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Insolvency and Bankruptcy Code
  • 2016: 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
5. Equivalent citation
    Citation(s) 2018 AIR 186 = 2017 (16) SCC 143 = 2017 (16) Suppl. SCC 143 = 2017 (10) JT 507 = 2017 (10) Suppl. JT 507 = 2017 (11) SCALE 634