9911796707
TMI Blog2022 (3) TMI 1383X X X X Extracts X X X X X X X X Extracts X X X X ..... fixed for 17.09.2021. On the said date, the Ld. Counsel for the Corporate Debtor appeared and stated that the reply could not be filed as one of his office colleagues tested Covid19 positive and therefore, other colleagues including himself were quarantine. Though, no such record was placed on record, but even then, taking a lenient view, this Tribunal granted further 10 days time to file the reply. Despite that the reply was not filed on behalf of the respondent, even on the next date fixed i.e. 22.07.2021. Accordingly, the right to file the reply was closed. Hence, as per record sufficient opportunities were given to the respondent to file the reply, but the respondent kept on lingering the matter one pretext or other. This Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ceremony and during this period the restrictions were also imposed by the U.P. Government on 30.03.2021. After the Covid rave, he joined the office on 09.08.2021, thereafter, on further verification, the invoices of the Operational Creditor were made available. Due to above said reasons, he could not file the reply in the present matter. Accordingly, prayed for acceptance of the present application. Notice of the above said application was given, but the Ld. Counsel for the applicant did not prefer to file the reply and argued the same orally. Ld. Counsel for the applicants reiterated the facts mentioned in the application and argued that this Tribunal has ample power to recall its own order as the order dated 22.07.2021 was on the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... but even then, taking a lenient view, this Tribunal granted further 10 days time to file the reply. Despite that the reply was not filed on behalf of the respondent, even on the next date fixed i.e. 22.07.2021. Accordingly, the right to file the reply was closed. Hence, as per record sufficient opportunities were given to the respondent to file the reply, but the respondent kept on lingering the matter one pretext or other. So far as, recalling of the order is concerned. This Tribunal is vested with no powers to recall or review its own orders once the specific findings have been recorded though qua the procedural aspects. This proposition also stand found supported from the law laid down in the, matter of Aggrwal Coal Corporation Priva ..... X X X X Extracts X X X X X X X X Extracts X X X X
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