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TMI Blog2024 (1) TMI 41X X X X Extracts X X X X X X X X Extracts X X X X ..... e reply and even it was not on the e-portal opportunity ought to have been given to bring it on e-portal or physical copy of the reply ought to have been taken from the Corporate debtor. The Adjudicating Authority committed error in proceeding ex-parte ignoring the reply and admitting section 7 application. In result, the impugned order set aside, Section 7 application revived again before the Adjudicating Authority. The Adjudicating Authority shall fix a date after two weeks and after hearing the parties pass afresh order in accordance with law. - [Justice Ashok Bhushan] Chairperson , [Mr. Barun Mitra] Member (Technical) And [Mr. Arun Baroka] Member (Technical) For the Appellant : Mr. Abhijeet Sinha, Mr. Apoorv Agarwal, Ms. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order dated 23.09.2021 that the receipt of the cost has not been brought to the notice of Tribunal otherwise, the Tribunal would have presumed that if the cost is paid then the Reply must have been filed. In these circumstances, we are of the view that the order dated 23.09.2021 is not in accordance with the factual position available on record and therefore, the same deserves to be set aside. Once the order dated 23.09.2021 is set aside by which the Appellant was proceeded against ex- parte, the order dated 21.02.2022 also deserves to be set aside. In view of the aforesaid discussions, CA (AT) (Ins) No. 523 of 2022 is allowed and order dated 21.02.2022 is set aside and consequently, the order dated 23.09.2021, whereby the Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tly decided to proceed ex-parte and admit the application. 6. After having heard learned counsel for the parties, we are of the view that the reply having been filed which was noticed by this Appellate Tribunal in order dated 27.05.2022, the Adjudicating Authority ought to have looked into the reply and even it was not on the e-portal opportunity ought to have been given to bring it on e-portal or physical copy of the reply ought to have been taken from the Corporate debtor. 7. We, thus, are of the view that the Adjudicating Authority committed error in proceeding ex-parte ignoring the reply and admitting section 7 application. In result, we set aside the impugned order, revive the Section 7 application again before the Adjudicating A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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