9911796707
TMI Blog2024 (1) TMI 964X X X X Extracts X X X X X X X X Extracts X X X X ..... he order impugned refusing to give another opportunity to Appellant to file a reply. However, it shall be open for the Appellant to make submissions before the Adjudicating Authority and with the leave of the Adjudicating Authority may also file written submissions. There is no merit in the Appeal - The Appeal is dismissed. - [ Justice Ashok Bhushan ] Chairperson , [ Barun Mitra ] Member ( Technical ) And [ Arun Baroka ] Member ( Technical ) For the Appellant Ms. Vriti Gujral , Advocate For the Respondent Mr. Kaustubh Prakash , Ms. Hita Sharma , Advocates ORDER ( Hybrid Mode ) Heard Learned Counsel for the Appellant and Learned Counsel for the Respondent. 2. This Appeal has been filed against the order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the Adjudicating Authority dated 20.03.2023, 16.05.2023, 27.07.2023 and 11.10.2023. He submits that sufficient opportunity has been granted to the Appellant to file a reply but no reply has been filed, hence, the Adjudicating Authority has not committed any error in striking off right to file a reply. 5. Copy of the orders passed by the Adjudicating Authority have been placed by the Counsel for the Respondent. Orders dated 20.03.2023, 16.05.2023 and 27.07.2023, following orders were passed by the Adjudicating Authority:- 20th March, 2023 Additional affidavit in compliance of order dated 21.01.2023 has been filed vide Diary No. 2820/01 dated 21.02.2023. The same is taken on record. As a matter of indulgence, respondent/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tled within 45 days then, reply be filed by the respondent-corporate debtor, failing which their right to file reply will be struck off. The reply be filed within next two weeks, with a copy in advance to the counsel opposite along with payment of costs. Rejoinder thereto, be filed within next two weeks with a copy in advance to the counsel opposite. List on 11.10.2023. 6. The above orders indicate that repeatedly time was granted to the Corporate Debtor to file reply which was not filed and an application for extension being IA No.2356 of 2023 was also filed by the Appellant but on the statement that settlement has entered, the Adjudicating Authority did not pass any order and it was declared as infructuous. However, the Adjudicating ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
