2022 (3) TMI 1570

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..... MBER (TECHNICAL) AND MS. SHREESHA MERLA, MEMBER (TECHNICAL) For the Appellant : Mr. Sangramsingh Bhonsle, Ms. Samridhi Jain, Nrupal Dingankar and Mr. Satyam Tripathi, Advocates. For the Respondent : Mr. Amir Arsiwala, Mr. Piyush Deshpande, Mr. Aabhas Singh, Advocates for R-1. Mr. Akshay Petkar, Mr. Ayush Negi, Advocates for R-2. ORDER Heard Learned Counsel for the Appellant. Learned Counsel f .....

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..... ct has not adverted to and held that Application is not barred by time. 4. We have considered the submissions of Learned Counsel for the Parties and perused the record. 5. The Adjudicating Authority in Paragraph 6 of the Order has made following observations: "6. The Petitioner has also filed record of default by the information utility (NESL). The statement of account produced by the Petition .....

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..... e Learned Counsel for the Appellant that Application was barred by time. 7. Learned Counsel for the Appellant has placed reliance on a Judgment of Hon'ble Supreme Court reported in 2020 (15) SCC 1 in the matter of 'Babulal Vardharji Gurjar Vs. Veer Gurjar Aluminium Industries Pvt. Ltd. & Anr.' and submitted that Hon'ble Apex Court has held that the date of default has to be ascertained on the bas .....

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