Insolvency and Bankruptcy Code, 2016, Section 95, 96 – Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Rules, 2019, Rule 10, Rule 2(14) – Filing – Date of submission is the date of filing – Even if there is any defect in the Application, which is subsequently cured, the date of presentation of the Application shall remain the same and shall not be dependent on the date when defects are cured – Filing of the Application is on a date when Application was filed and allotted number electronically and the submission that date of filing of the Application shall be the date when Application is numbered has rightly been rejected – Rule 10, sub-rule (2) of 2019 Rules, which provides for filing in electronic form, clearly indicates that when Application is registered in the electronic form, the filing is complete, which is not dependent on any further scrutiny in the Registry.
