Steno NCLT Exams Dictation No. 611

In lieu of the service, the Appellant raised certain invoices from 07.05.2019 to 08.10.2019 but the Corporate Debtor failed to honour the same and thus the Operational Creditor sent a demand notice, under Section 8 of the Code, for payment of Rs. 18 lac with interest but did not receive any response from the Corporate Debtor and hence, filed the application under Section 9 of the Code for the Resolution of the aforesaid amount mentioned in the demand notice. The Application, filed under Section 9 of the Code, by the Appellant has been dismissed by the Adjudicating Authority, vide its order dated 05.09.2023, on the ground that since the name of Company Application (AT) No. 1498 of 2023 the Corporate Debtor has already been struck off by the RoC, therefore, the application under Section 9 cannot be further prosecuted. Aggrieved against this order, the present appeal has been preferred by the Appellant under Section 61 of the Code. Counsel for the Appellant has submitted that striking off the name of the Corporate Debtor from the register maintained by the RoC is not a bar to initiate Corporate Insolvency Resolution Process (in short CIRP) against the Corporate Debtor and a separate Application is not required for restoration of the name of the Corporate Debtor. In support of his submissions, he has relied upon two decisions of this Court.