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TMI Blog2021 (4) TMI 493X X X X Extracts X X X X X X X X Extracts X X X X ..... NO. 278 OF 2021 - - - Dated:- 9-4-2021 - [Justice Anant Bijay Singh] Member (Judicial) And [Ms. Shreesha Merla] Member (Technical) For the Appellant : Mr. Murari Kumar Mr. Achint Kumar, Advocates For the Respondent : None JUDGEMENT Anant Bijay Singh (J) 1. The Instant Appeal bearing Company Appeal (AT) (Insolvency) No. 278 of 2021 filed on behalf of EVO Green Trading Pvt. Ltd. being aggrieved and satisfied 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Learned Tribunal to file Reply Affidavit and last opportunity was given to the Learned Counsel for the Respondent subject to payment cost of ₹ 15,000/- (Rupees Fifteen Thousand Only) to Applicant. Further, Rejoinder be filed within one week, thereafter and the matter was directed to be listed on 18.01.2021. Copy of the Order dated 16.12.2020 is marked at Annexure A-6 at Page No. 37 of the Appeal Paper Book. 8. Learned Counsel for the Appellant 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 Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned Counsel for the Appellant had nowhere made any averment in his Memo of Appeal that he has made complaints against his earlier counsel for professional negligence to the State Bar Counsel, Delhi. 16. Further, the Impugned Order was passed on 16.02.2021 at Page No. 29 of the Appeal Paper Book at Annexure A-1 that the Hon ble Tribunal taken a note of this earlier Order dated 16.02.2021 whereby one last opportunity was given to file Reply Affidavit within one-week time, subject to deposition cost of ₹ 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 16.03.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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