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2023 (1) TMI 109 - AT - Insolvency and BankruptcyRestraint on Committee of Creditors from considering the Resolution Plan of the 3rd Respondent - seeking consideration of resolution plans which are already received including that of the 3rd Respondent - HELD THAT:- This Tribunal, simpliciter, in the instant Appeal, without expressing any opinion on the Merits of the matter, one way or the other, and not delving deep, permits the Appellant/ Applicant to raise all available factual and legal pleas, before the Adjudicating Authority, (National Company Law Tribunal, Hyderabad Bench – I), including the aspect of raising such necessary pleas concerning the recent Order, about which the Appellant / Applicant is aggrieved, viz., in respect of the impugned order passed by the Adjudicating Authority, (National Company Law Tribunal, Hyderabad Bench – I). The Adjudicating Authority, (National Company Law Tribunal, Hyderabad Bench – I) shall expressly permit the Appellant / Applicant to raise those pleas (both on Facts and in Law), which are available to it, before the Adjudicating Authority, (National Company Law Tribunal, Hyderabad Bench – I), at the time of Hearing in a conclusive manner and after providing an opportunity of Hearing to the other side, by adhering to the Principles of Natural Justice, is to pass a fair, just and a reasoned Order (speaking one) on Merits, by adverting to the pleas raised by countering them and to pass final Orders, of course, uninfluenced and untrammelled with any of the observations made by this Tribunal. Appeal disposed off.
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