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2021 (12) TMI 1323 - AT - Insolvency and BankruptcyMaintainability of appeal - Appellate Tribunal has already passed the requisite orders for expeditious proceedings - HELD THAT - Today, when the case was called out from the perusal of the office record it appears that Respondent No. 1 to 3 have field their Reply Affidavit on 23.11.2021, which is taken on record. Learned Counsel for the Appellant is directed to file hard copy of the Rejoinder to the Reply Affidavit filed on behalf of the Respondent No. 1 to 3 latest by Friday i.e. by 10.12.2021. Office of the Registry is directed to accept the same - List this matter on 14th December, 2021 at 2 00 P.M under the heading 'For Hearing'.
Issues:
1. Clarification sought on the order dated 13th September, 2021. 2. Appeal moved before the Supreme Court challenging the interim orders. 3. Compliance with filing of affidavits and rejoinders. 4. Death of a respondent during the pendency of the appeal. Issue 1: Clarification sought on the order dated 13th September, 2021 The Appellate Tribunal received an application seeking clarification on the order dated 13th September, 2021. The Respondent No. 2 filed a Reply Affidavit, and the Appellants filed a Rejoinder. The Respondent No. 1 was directed to comply with the order by filing a hard copy of the Reply Affidavit, and the Appellant was granted additional time to file a hard copy of the Rejoinder. An I.A. was filed for clarification, and the matter was under consideration by the Tribunal. Issue 2: Appeal moved before the Supreme Court challenging the interim orders During the pendency of the appeal, one of the appellants moved the Supreme Court challenging the interim orders passed by the Appellate Tribunal. The Supreme Court, after hearing both parties, decided that the Appellate Tribunal should assign a reasonable priority to the matters and expedite proceedings. The Supreme Court directed that after completion of pleadings, the Appellate Tribunal should take up the appeals for final hearing promptly. Issue 3: Compliance with filing of affidavits and rejoinders In Company Appeal (AT) No. 113 of 2021, various Respondents filed their Reply Affidavits, which were taken on record. The Appellant was directed to file a hard copy of the Rejoinder. Additionally, it was noted that a Respondent had passed away during the pendency of the appeal, and the Appellant was directed to file an application to delete the deceased Respondent's name from the records. The matter was listed for hearing on a future date with the consent of the parties. Issue 4: Death of a respondent during the pendency of the appeal The Tribunal acknowledged the death of a Respondent, Mr. Sushil Kumar Gupta, during the pendency of the appeal. The Appellant was directed to file an application to remove the deceased Respondent's name from the records by a specified date. The matter was scheduled for a hearing on a later date as agreed upon by the parties. This judgment addresses various procedural aspects, including seeking clarification on orders, compliance with filing requirements, challenges to interim orders before the Supreme Court, and managing the unfortunate event of a respondent's demise during the appeal process. The Supreme Court emphasized expeditious proceedings by the Appellate Tribunal and directed prioritization of pending matters. The Tribunal ensured proper filing of affidavits and rejoinders and addressed the necessary steps to be taken due to the death of a party. The matter was listed for further hearings in accordance with the directives and agreements between the parties involved.
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