9911796707
TMI Blog2019 (9) TMI 966X X X X Extracts X X X X X X X X Extracts X X X X ..... arguments. Application allowed. - I.A. NO. 358 OF 2019 CP(IB) NO. 460/7/NCLT/AHM/2018 - - - Dated:- 5-7-2019 - MR HARIHAR PRAKASH CHATURVEDI, MEMBER (JUDICIAL) AND MS. MANORAMA KUMARI, MEMBER (JUDICIAL) For The Applicant : Mr Jaimin R. Dave, Advocate For The Financial Creditor : Mr ketan M Parikh, Advocate ORDER Per : Ms. Manorama Kumari, Member. (Judicial) 1. The instant application is filed under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 read with Rule 11 of the NCLT Rules, 2016 with a prayer for re-opening the right of the applicant/Original Respondent to file their reply, which was closed vide order dated 13.03.201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -clause (b) of clause (5) of section 7. 6. It is stated that when the said fact came to the knowledge of the Applicant/the Corporate Debtor, he immediately made enquiries from the Registry of this Bench, and came to know that the matter is proceeded ex-parte, in the absence of the Corporate Debtor and/or their representative. Finding no alternative, the Applicant/the Corporate Debtor immediately filed the instant application before this Adjudicating Authority with the prayer to allow the Applicant/the Corporate Debtor to file his reply by recalling the order dated 13.03.2019. 7. The Ld. lawyer appearing on behalf of the Financial Creditor, opposed the prayer, so made by the Corporate Debtor and submitted that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dvocate of the Corporate Debtor. It is an established law that due to the fault of the advocate, the litigant/party should not suffer. Otherwise also, when the matter has already been opened for clarifications from the side of the Financial Creditor, we find no reason to stop the Corporate Debtor to file his reply and advance arguments. Under such facts and circumstances, the instant IA 358 of 2019 is allowed with cost of ₹ 20,000/- to be paid to the Defence Welfare Fund. The Corporate Debtor is further allowed two weeks' time to file his reply with advance copy of his reply to the petitioner, the Financial Creditor. 11. Accordingly, the present IA is allowed and stands disposed of. - - TaxTMI - TMITax - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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