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TMI Blog2022 (9) TMI 687X X X X Extracts X X X X X X X X Extracts X X X X ..... han ] Chairperson And [ Barun Mitra ] Member ( Technical ) For the Appellant : Present but appearance not marked For the Respondent : Mr. Gaurav Mitra , Mr. Ishan Roy , Mr. Himanshu Deora , Mr. Raghav Vig and Ms. Neeharika , Advocates ORDER Heard learned counsel for the Appellant as well as learned counsel appearing for the Respondent. This Appeal has been filed against the order dated 02.09. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 76 was although filed but it was laying in default in the Registry. It was not listed when the Court passed the order. 3. Learned counsel for the Respondent submits that Section 9 application which was filed by the Operational Creditor has been heard thrice once in December,2021 then in March and June, 2022 and the Court has granted opportunity to both the parties to submit their written ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... written submissions and if the written submissions are not filed within the given time, the right to file written submissions will be closed and the order will be reserved. Let this matter be listed after one week regarding the confirmation about the filing of written arguments. List this matter on 29.09.2022." 5. We have considered submissions of learned counsel for the parties and perused the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . It is true that the application under Section 76 was not listed and was laying in defect, as has been submitted by learned counsel for the Appellant, however, the order record the statement of counsel for the Corporate Debtor that they shall withdraw the application. The Adjudicating Authority has heard the parties and has to decide finally. The power of the Adjudicating Authority to take procee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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