Use Of Documents Scanned Through Banned 'CamScanner' App Not Grounds To Reject Section 7 IBC Petition: NCLT Mumbai

The National Company Law Tribunal (NCLT), Mumbai Bench, comprising K.R. Saji Kumar (Member-Judicial) and Anil Raj Chellan (Member-Technical), has dismissed an application challenging the maintainability of the section 7 IBC petition based on the alleged inadmissibility of the photocopies/documents scanned via the banned “CamScanner” app. The present application was filed by the corporate debtor challenging the maintainability of the Section 7 application on the grounds of the inadmissible documents presented by the financial creditor. Contention of the Parties The corporate debtor argued that the documents are ex-facie inadmissible as secondary evidence as they are the scanned copies processed through Mobile Application, viz., “Cam Scanner”, which was banned in India long ago. It also pleaded that the direction should be made to the registry to inform the central government regarding the ultra vires use of the “Cam Scanner” application. Per contra, the financial creditor argued that the corporate debtor has only challenged the admissibility of the documents, but it has not challenged the very execution of the documents. It highlighted that the debt and default have not been disputed by the corporate debtor. Observations of the NCLT The NCLT observed that rule 23(2) of the NCLT Rules provides that every petition, application, or appeal may be accompanied by documents duly certified by the authorized representative or advocate filing them. Observing that the documents annexed in the main petition are notarized documents, the bench concluded that it only needs to satisfy itself on the occurrence of the default. The bench ruled that the summary nature of the proceedings bars it from testing the document examination and cross-examination. “It is not necessary for us to consider and determine whether the 'Scanner Application' used by the Respondent/FC to scan the documents produced by them in the Main C.P. is banned for some reason by the Government,” the bench ruled. With the above observations, the bench ruled that it can neither declare certain photocopies/scanned documents as inadmissible at this stage nor intimate the Central Government regarding the ultra vires nature or usage of “Cam Scanner.” Case Name: Central Bank of India v. N Kumar Projects & Infrastructure Pvt. Ltd. Case No.: A 4736(MB)2025 IN C.P. (IB)/569(MB)2024 Coram: Shri K.R. Saji Kumar (Member-Judicial) and Shri Anil Raj Chellan (Member-Technical) For Corporate Debtor: Adv. Partho Sarkar a/w Adv. Nikesh Uparpelli i/b Vidhi Legal. For Financial Creditor: Adv. Amit Tungare Order Date: 16.10.2025Click Here To Read/Download The Order

Use Of Documents Scanned Through Banned 'CamScanner' App Not Grounds To Reject Section 7 IBC Petition: NCLT Mumbai

Mohd.Rehan Ali

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