9911796707
TMI Blog2021 (4) TMI 493X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Impugned Order dated 16th February, 2021 passed by the Hon'ble Adjudicating Authority, National Company Law Tribunal, New Delhi, Court-IV in CP (IB)- 361/ND/2020 is hereunder. 2. Learned Adjudicating Authority passed the following orders: - "Learned Counsel for the Corporate Debtor states that they have been recently engaged and seeks further time to comply the order dated 16.12.2020, when last opportunity was given to file reply within one week, subject to cost of Rs. 15,000/- but till date order is not complied and further time is sought. Right to file reply is closed." 3. Learned Counsel for the Appellant while assailing the Impugned Order submitted that the Respondent (Financial Creditor) has filed an application under Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... while referring to Annexure A-7 at Page No. 38 which mentions the conversation on WhatsApp between the Learned Counsel for Appellant and Learned Counsel for the Respondent reveals that on 21.12.2020 the Learned Counsel for Appellant was informed that Reply had not been filed and the Court has imposed a cost of Rs. 25,000/- (Rupees Twenty-Five Thousand Only). 9. It was submitted that there was a conversation between the Appellant and his earlier Counsel and further it reveals that his earlier Counsel was professionally negligent because of him the Learned Tribunal order cost and the Reply was also not filed. 10. It was submitted that on 14.02.2021 the present Learned Counsel was engaged by the Appellant who filed a fresh Vakalatnama on 15. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osition cost of Rs. 15,000/- (Rupees Fifteen Thousand Only) but the Order was not complied. So, right to Reply was closed. 17. Further, from the perusal of the records the Learned Adjudicating Authority directed that the matter to be listed on 16.03.2021. 18. Further, from the perusal of the record it appears that Instant Appeal was filed before this Hon'ble Tribunal on 19.03.2021, after expiry of the date fixed by the Learned Adjudicating Authority. 19. This shows that the Appellant was not serious in pursuing his remedy before the Learned Adjudicating Authority. 20. In view of the discussion made above, we do not find any reason to interfere with the Impugned Order. 21. So, the Impugned Order is hereby affirmed and the said Appeal is d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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