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2020 (2) TMI 384 - HC - Insolvency and BankruptcyRecall of order denying petitioner /award-debtor from taking recourse to the provisions of The Insolvency and Bankruptcy Code, 2016 (IBC) - delay in hearing of the Section 34 application - HELD THAT:- The only question which was before the Court was whether the Section 34 can be proceeded with in view of the objection taken by the petitioner that the respondent /award-holder has not filed any claim in the resolution proceedings before the National Company Law Tribunal (NCLT). It may also be pointed out that the entire discussion in the order with regard to the said issue was by reason of the protracted submissions made on behalf of the petitioner and upon the Court being invited to decide on the issue. The apprehension expressed by learned counsel appearing for the petitioner that the petitioner may risk the effect of the observations made in the order at the time of enforcement of the award cannot therefore be accepted. If no view has been expressed on the merits of the award, such apprehension is misplaced. The prayer of learned counsel for the respondent /award-holder that costs are be imposed on the petitioner for the frivolity of the application is considered and rejected - Decided against petitioner.
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