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2021 (2) TMI 876 - AT - Insolvency and BankruptcySeeking permission to contest the case before the Adjudicating authority, since, earlier, the appeal was dismissed as withdrawn - grievance of the Applicant/Appellant is that the Applicant/Appellant had approached the Adjudicating Authority in a bona-fide manner as an 'Operational Creditor' and in the absence of liberty, by Tribunal, the Applicant/Appellant will be barred by limitation to approach the Hon'ble Adjudication Authority under section 7 of the I&B Code, which in turn will cause grave prejudice to it - HELD THAT:- This Tribunal, after going through the withdrawal order dated 18-2-2020 passed in the instant Appeal is of the considered view that Applicant/Appellant was permitted to withdraw the present Company Appeal (AT) (Insolvency) No. 746 of 2019 and the same was dismissed as 'withdrawn' but without costs. This Tribunal makes it abundantly clear that it is open to the respective parties to raise all factual and legal pleas before the 'Competent Authority'/'Adjudicating Authority' when the necessary 'Application seeking appropriate relief is filed by the concerned party and further that said 'Authority' shall determine the said 'Application' on merits, of course, after providing due opportunities to the contesting parties to air their the views, by adhering to the 'Principles of Natural Justice' - Application disposed off.
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