9911796707
TMI Blog2022 (2) TMI 146X X X X Extracts X X X X X X X X Extracts X X X X ..... there are no illegality in filing Application by Respondent No.1 under Section 7. Thus, the said submission does not help the Appellant. Second submission is that objections were raised by the Appellant regarding question of limitation in pursuance of the liberty granted by the Hon ble Supreme Court on 08.11.2019 which has not been considered on merits by the Adjudicating Authority - HELD THAT:- The Appeal was dismissed by the Hon ble Supreme Court affirming the judgment of this Appellate Tribunal meaning thereby the view of the Appellate Tribunal that Application is not barred by time was upheld. The fact that liberty was granted to raise certain objections by the Appellant cannot be read to mean that Appellant was permitted to re-ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Authority against which an Appeal was filed in this Appellate Tribunal which Appeal was allowed by judgment and order dated 19.12.2018. Against which order, Appellant before us has filed a Civil Appeal No. 8289 of 2019 before the Hon ble Supreme Court which was dismissed by judgment dated 08.11.2019. The matter was thereafter taken by the Adjudicating Authority again and by the impugned judgment the Application under Section 7 has been admitted. 3. Learned Counsel for the Appellant challenging the order of the Adjudicating Authority has made two submissions. He submits that the assignment on the basis of which the Application was filed by the Respondents was under challenge before the High Court of Orissa in W.P. (C) No. 17155/2019 where ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner submitted that petitioner is ready and willing to settle the matter by giving a proposal to the opposite party-bank authority in view of subsequent development made during pendency of the writ petition. Considering the above, in case the petitioner gives a proposal to the opposite party-bank authority within a period of ten days from today to settle the dispute in such event the opposite party-bank authority shall consider the offer of the petitioner within a period of two weeks from the date of giving of proposal. Result thereof shall be communicated to the petitioner. Put up this matter on 15th May, 2019. No coercive action shall be taken against the petitioner till the next listing. 6. The only interim order grant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant. 2. The appellant is free to raised objections, which are permissible, in accordance with law. 3. The appeal is, accordingly, dismissed. 4. Pending application(s), if any, shall stands disposed of. 8. The Appeal was dismissed by the Hon ble Supreme Court affirming the judgment of this Appellate Tribunal meaning thereby the view of the Appellate Tribunal that Application is not barred by time was upheld. The fact that liberty was granted to raise certain objections by the Appellant cannot be read to mean that Appellant was permitted to re-agitate the question of limitation again before the Adjudicating Authority which had become final. We thus, do not find any substance in the submission that objection of limitatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
