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TMI Blog2024 (3) TMI 503X X X X Extracts X X X X X X X X Extracts X X X X ..... th regard to limitation as well as on the default. When the Adjudicating Authority has granted time to the Respondent to file reply, it is always open for the Corporate Debtor to raise all issues including the issue of limitation and the issue of default - the prima facie view which was expressed by the Adjudicating Authority shall not come in the way of the Adjudicating Authority in deciding the issue after hearing the Corporate Debtor who is permitted to file reply. We see no reason to entertain the appeal filed against the order dated 28.11.2023. Appeal disposed off. - [ Justice Ashok Bhushan ] Chairperson , [ Barun Mitra ] Member ( Technical ) And [ Indevar Pandey ] Member ( Technical ) For the Appellant : Ms. Amrita Panda , Mr. Udbha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2024 being filed beyond 15 days after expiry of limitation is dismissed as barred by time. Company Appeal (AT) (Insolvency) No.391 of 2024 which was filed against the order dated 28.11.2023 has been filed after expiry of limitation but within condonable period of 15 days. We find sufficient ground to condone the delay which is within the condonable period in Company Appeal (AT) (Insolvency) No.391 of 2024. 5. Now coming to the merits, Counsel for the Appellant submits that the Adjudicating Authority by the said order has directed the Appellant to file reply and has also relied the prima facie order passed on 11.10.2023. Counsel for the Appellant submits that the application was barred by time and the Adjudicating Authority cannot ask the Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issue of default. We only observe that the prima facie view which was expressed by the Adjudicating Authority shall not come in the way of the Adjudicating Authority in deciding the issue after hearing the Corporate Debtor who is permitted to file reply. We see no reason to entertain the appeal filed against the order dated 28.11.2023. 9. With the observations as made above, Company Appeal (AT) (Insolvency) No.391 of 2024 is disposed of. 10. Learned Counsel for the Appellant lastly submitted that this Court may direct the Adjudicating Authority to decide the question of limitation as preliminary issue. We are of the view that all issues including the issue of limitation is to be decided after hearing the Corporate Debtor and no direction ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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