9911796707
TMI Blog2023 (5) TMI 1200X X X X Extracts X X X X X X X X Extracts X X X X ..... as noted in order dated 06.01.2023. Learned counsel for the Appellant submits that there are certain minor defects in the reply which Appellant was always ready to rectify. It is submitted that the High Court has passed the order on 22.02.2023 when the Appellant directly approached the High Court in a Writ Petition. Their being statutory need, the Appellant should have filed appeal, if any, against the order dated 06.01.2223 of the Adjudicating Authority, before this Tribunal. The ends of justice be served in directing the Adjudicating Authority to consider the reply which was filed by the Appellant on 29.11.2022, especially when the Financial Creditor has already filed it rejoinder. The Adjudicating Authority passed the impugned order w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r's counsel but the copy of the same has not been filed before the NCLT and when the query was raised to the counsel as to whether there is a date on which the reply was filed to the section 7 petition, he is unable to give a date or proof of the same to NCLT. Ld. Counsel for the respondent informed us that the reply has been filed vide diary No. 0710102074302022 on 29.11.2022. We find from the DMS that it is still continues under scrutiny and the respondent has not chosen to rectify the defects so as to bring it on record. This shows the callous attitude on the part of the CD, as he is not defending the case hence we have no other option except to close the right of filing reply. Arguments heard. Order reserved. 3. The A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te in the matter as 15.03.2023. We have been informed that the said date has also been adjourned to 29.08.2023. 5. Learned counsel for the Appellant submits that when reply was filed by the Appellant, copy of it was also received by the Financial Creditor and the Financial Creditor has also filed rejoinder affidavit, the Adjudicating Authority ought to have considered the reply specially when the High Court has passed order on 22.02.2023. 6. Learned counsel for the Respondent submits that the order of the High Court was not even before the Adjudicating Authority when order was passed on 28.02.2023, therefore, there is no error in the order admitting application under Section 7. 7. We have considered the submissions of learned couns ..... X X X X Extracts X X X X X X X X Extracts X X X X
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