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2023 (11) TMI 174 - AT - Insolvency and BankruptcySufficient time not provided for filing the reply - grievance of the Appellant is that the petition which runs into 2059 pages, a reasonable time was required for filing the reply and on 26.10.2023 time was allowed for reply and matter was adjourned to 30.10.2023 which was insufficient for filing a reply - HELD THAT - In facts of the present case, there are no reason to entertain the Appeal and keep it pending. Learned Counsel for the Appellant submits that the NCLT, Mumbai is closed from 11.11.2023 to 19.11.2023 and shall be reopening only on 20.11.2023. In facts of the present case, in the ends of justice be served in disposing the Appeal by giving liberty to the Appellant to file their reply on re-opening day i.e. on 20.11.2023. The Adjudicating Authority is requested to fix 30.11.2023 as date in the Company Petition to hear the parties and decide in accordance with law - appeal disposed off.
Issues involved: Delay in receiving notice of appeal, Insufficient time for filing reply, Dispute over service of notice.
Delay in receiving notice of appeal: The Appellant claimed that they received the notice of the Appeal on 26.10.2023, making it impossible for them to appear on the same day. However, the Bank disputed this claim, stating that the notice was served in March 2023. Insufficient time for filing reply: The Appellant expressed that the 2059-page petition required a reasonable amount of time for filing a reply. They argued that the time allowed for reply on 30.10.2023 was insufficient. Dispute over service of notice: There was a discrepancy regarding the service of notice, with the Appellant asserting they received it on 26.10.2023, while the Bank contended that it was served in March 2023. The Appellate Tribunal acknowledged the grievances raised by the parties. Considering the circumstances, the Tribunal decided not to entertain the Appeal and keep it pending. The Appellant highlighted the closure of NCLT, Mumbai from 11.11.2023 to 19.11.2023, with a reopening scheduled for 20.11.2023. In light of this, the Tribunal granted liberty to the Appellant to file their reply on the reopening day, i.e., on 20.11.2023. The Bank was also given the opportunity to file its rejoinder within a week thereafter. The Adjudicating Authority was requested to schedule a hearing on 30.11.2023 to decide the matter in accordance with the law. The Appeal was ultimately disposed of, with the Appellant instructed to produce a copy of the order on the reopening day, i.e., on 20.10.2023.
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