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TMI Blog2023 (11) TMI 831X X X X Extracts X X X X X X X X Extracts X X X X ..... Barun Mitra ] Member ( Technical ) For the Appellant : Mr. Nipun Gautam , Advocate For the Respondent : Mr. Adarsh Tripathi , Mr. Vikram Singh Baid and Mr. Ajitesh Garg , Advocates ORDER ( Hybrid Mode ) I.A. No. 4764 of 2023: This is an application praying for condonation of 103 days refiling delay. The ground taken in the application is that there was change of the counsel on record in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich was reason for refiling the appeal with delay. We are of the view that the delay is neither deliberate nor wilful and sufficient cause has been shown to condone refiling delay. Refiling delay of 103 days is condoned. I.A. No. 4764 of 2023 is allowed. 4. Heard learned counsel for the Appellant as well as learned counsel appearing for the Respondent. This Appeal has been filed against order dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Appeal. 6. Learned counsel for the Appellant submits that earlier Adjudicating Authority by order dated 22.02.2023 in Appeal No.39 of 2021 has passed following order: "Appeal-39/2021: In terms of the E-mail dated 17.07.2021, the Liquidator had rejected the claim of the Applicant, on the ground, inter alia, that the matter is under consideration before the Arbitrator and the application was fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... im of the Respondent in the said order on merits. We are satisfied that the said order cannot be reason to say that the Adjudicating Authority could not have passed order on 10.05.2023. The order dated 10.05.2023 is not a review or modification of the earlier order as contended by learned counsel for the Appellant. We, thus, are of the view that there is no error in the order dated 10.05.2023 pass ..... X X X X Extracts X X X X X X X X Extracts X X X X
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