1. Heard Learned Counsel for the Appellant.
2. Learned Counsel for the Appellant submits that this appeal has been filed against the Order admitting Section 9 Application which was barred by Section 10 A.
3. Learned Counsel for the Appellant submits that Appellant by amendment application changed the date of default and deleted the claim with regard to period which was covered by Section 10A. It is submitted that the amendment was allowed by the Adjudicating Authority which prejudices the Appellant.
4. The Adjudicating Authority considered the submission of the Appellant and framed specific issue no. ii with regard to Section 10A. The Adjudicating Authority after hearing the parties returned a finding that application is not barred by Section 10A since the default was prior to 10A period and it was held that default was committed prior to Section 10A period i.e. 25.09.2018.
5. We have considered the submissions of Learned Counsel for the Appellant and perused the record.
6. It is well settled that no application can be filed for any default committed prior to Section 10A period and the Applicant was permitted to delete the claim with regard to 10A period and there was admittedly default prior to 10A period, we do not find any error in admitting Section 9 Application. When the default is committed prior to Section 10A period which is more than the threshold amount, no error can be said to have been committed by the Adjudicating Authority in admitting Section 9 Application. We do not find any merit in the Appeal, the Appeal is dismissed.
