9911796707
TMI Blog2024 (3) TMI 930X X X X Extracts X X X X X X X X Extracts X X X X ..... rder was set aside by this Tribunal on 26.09.2023 and thereafter Section 7 proceedings revived before the Adjudicating Authority to be proceeded and decided in accordance with law. There can be no dispute to the preposition of law that mere apprehension of bias is sufficient for transfer of a proceeding. The question is as to whether the facts and sequence of the events in the present case reflect any apprehension of bias. Having adverted to the submission and facts and sequence are fully satisfied that neither there is bias reflected nor any apprehension of bias which can be imputed the Bench hearing the matter. In the impugned order, Hon ble President has looked into the submission and has rejected the application for transfer in which th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petition as barred by time which application was dismissed on 18.10.2023 and thereafter the matter proceeded. Learned Counsel for the Appellant has submitted that the order on the said application needs to be recalled and the application be heard. It is submitted that the matter was thereafter heard and on 04.01.2024, the rejoinder which was by the Financial Creditor was objected by IA No.5639 of 2023 and the Adjudicating Authority heard the parties and noted the submissions of the Appellant that IA No.4676 of 2023 be restored. Considering the insistence of the counsel for the Appellant, Court adjourned the matter on 11.01.2024 and granted liberty to the Appellant to move an application for restoration of IA No.4676 of 2023. 5. On 11.01.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal when the Appeal was decided. He submits that the said order was passed subsequent to the order by the Appellate Tribunal. 7. Learned Counsel for the Respondent refuting the submissions of the Counsel for the Appellant submits that the present is a case where Financial Creditor has not been able to recover its dues from 2002. There have been proceedings before the BIFR which continued and ultimately AIFR rejected the Appeal of Appellant and imposed cost. Subsequently Section 7 application was filed. It is submitted that the Adjudicating Authority proceeded to hear application under Section 7 and had given opportunity to both the parties, on IA No.4676 of 2023 which was filed by the Appellant for seeking dismissal of the application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10. The first grievance which was raised by the Appellant is that the Appellant has filed an IA No. 4676 of 2023 where it was prayed that the application be dismissed as barred by time which was rendered infructuous by order dated 18.10.2023. It is submitted that the Appellant had right to file the application and press the same. The order dated 04.01.2024 notices earlier order dated 18.10.2023 as well as IA No.4676 of 2023. In paragraphs 4 and 5 of the order dated 04.01.2024, following was observed by the Adjudicating Authority:- 4) Heard both sides extensively for a considerable time. However, Ld. Counsel for the Corporate Debtor submits that earlier he had filed an Applicant bearing IA No. 4676 of 2023, challenging the tenability of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4 as the next date fixed by the Adjudicating Authority on which date the Appellant pointed out the court that he has already filed an application for transfer, hence, the Adjudicating Authority adjourned the matter. Further submission of the Appellant is that the rejoinder affidavit has been taken by the Adjudicating Authority despite opposition by the Appellant. Treatment of IA No.4676 of 2023 by the Adjudicating Authority as well as the acceptance of the rejoinder cannot be said to show any bias or apprehension of bias. By application IA No.4676 of 2023, Appellant has prayed that Section 7 petition be dismissed as barred by time which submission has been heard and are permitted to be raised by the Adjudicating Authority which is apparent ..... X X X X Extracts X X X X X X X X Extracts X X X X
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