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2022 (7) TMI 578

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..... nce the contentions advanced on either side require a detailed rumination in the hands of this Appellate Tribunal, this Tribunal is per forced to direct the Ld. Counsel for the R-1/Financial Creditor to take notice and to file Reply/Response (on both modes) before the office of the Registry within two weeks from today, and to serve the copy to the other side without fail. The Ld. Counsel for the Appellant is required to serve the Appeal Paper Book(s) to the Ld. Counsel for the R-1/Financial Creditor through email within two days from today (if not done already). The email address shall be furnished by the Ld. Counsel for the Respondent No.1 to the Ld. Counsel for the Appellant to do the needful in this regard. This Tribunal directs th .....

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..... Date on which default occurred Days of Default 1 179643 12,50,000 05.02.2020 215 2 179643 1,00,00,000 05.03.2020 186 3 179643 1,12,50,000 05.04.2020 155 4 179643 1,12,50,000 05.05.2020 125 5 179643 1,12,50,000 05.06.2020 94 6 .....

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..... Corporate Debtor by the Adjudicating Authority has in the instant Case had led to Miscarriage of Justice as per the stand taken on behalf of the Appellant. According to the Ld. Sr. Counsel for the Appellant/Corporate Debtor, the Corporate Debtor is ready and willing to deposit in any event, a sum of Rs. 1,12,50,000/- before the Registrar NCLAT, Division Bench New Delhi. The Ld. Sr. Counsel for the Appellant therefore prays that the Appellant/Corporate Debtor may be permitted to deposit Rs. 1,12,50,000/- before this Tribunal and an interim relief for stay of the impugned order may be passed by this Tribunal, to secure the ends of justice. Per contra, the Ld. Sr. Counsel Mr. Krishnendu Datta appearing for the Respondent No. .....

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..... e impugned order passed by the Adjudicating Authority is contrary to the law because of the fact that the Authority had not taken into account the Written Notes of submissions projected on the side of the Appellant/Corporate Debtor especially the Adjudicating Authority has not touched on the aspect of Default as it in entirety and hence, prayed for an interim stay of the impugned order . At this stage, this Tribunal has heard the Ld. Counsels appearing for the respective parties at the stage of Admission and after a careful consideration of the arguments advanced on either side, this Tribunal is of the considered view that the Appellant/Corporate debtor is not entitled to get an interim relief of stay of the impugned .....

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