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2022 (5) TMI 1495 - AT - Insolvency and BankruptcySeeking grant of some time to file vakalatnama and reply - respondent submitted that Learned Counsel for the Corporate Debtor did not have the Vakalatnama, hence, the Court did not record his appearance - HELD THAT:- The present is the case where the counsel appeared and made a request for filing Vakalatnama and Reply. Learned Adjudicating Authority has simply observed in paragraph 9 that despite notice was served, no one has appeared. There are no reasons to disbelieve the Affidavit filed by the Counsel in this Appeal, that he appeared and made a request to file the Vakalatnama and Reply. At least one opportunity ought to have been given to the Respondent to file his Reply. The Order dated 17.02.2022 being virtually Ex-Parte deserve to be set aside. The Corporate Debtor is allowed one week time from today to file its 'Reply' before the Learned Adjudicating Authority and the Financial Creditor may also file their Rejoinder within two weeks, thereafter. Further, with regard to the amount deposited by the Financial Creditor in pursuance of the Para-16 of the impugned order Learned Adjudicating Authority shall pass appropriate Order in the pending proceedings. Learned Counsel for the Parties are at liberty to make an Application for fixing a date after three weeks before the Learned Adjudicating Authority. Appeal disposed off.
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