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2022 (3) TMI 1382

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..... in reiterated on 14.01.2021. Subsequently along with the I.A. as above said, Copy of the Reply was annexed and request was made to take the Reply on record by modifying the Order dated 10.12.2020. Present is not the case where the Adjudicating Authority has exercised its power of review on merits of any issue decided by the Adjudicating Authority. Present is the case where with regard to the plead .....

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..... d by the Adjudicating Authority (National Company Law Tribunal, New Delhi, Court IV) in IA 4291/ND/2021 in IB-989/ND/2020. By which Order, the Application filed by the Corporate Debtor to modify the Order dated 10th December, 2020 has been allowed and the Reply filed by the Corporate Debtor has been taken on record. The Appellant Home-Buyer Association/Financial Creditor filed an Application under .....

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..... be modified and the Reply of the Applicant Corporate Debtor be taken on record. 4. The Reply was filed along with the Application i.e. I.A. No. 4291 of 2021 which has been taken on record by the Impugned Order. Learned Counsel for the Appellant contends that when the right to reply was cloased on 10.12.2020 and the same was reiterated on 14.01.2021 there was no power with the Adjudicating Auth .....

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..... judicating Authority has exercised its power of review on merits of any issue decided by the Adjudicating Authority. Present is the case where with regard to the pleading i.e. accepting the Reply, inherent power has been exercised by the Adjudicating Authority under Rule 11 of the NCLT, Rules. We are of the view that substantial justice has been done by the Adjudicating Authority in taking the Rep .....

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