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TMI Blog2019 (7) TMI 1630X X X X Extracts X X X X X X X X Extracts X X X X ..... Cheema) Member(Judicial) (Kanthi Narahari) Member(Technical) JUDGMENT DCB Bank Limited- (Financial Creditor) filed application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (I&B Code for short) against M/s. Fort Biotech Private Limited- (Corporate Debtor) which was admitted on 8th March, 2019. 2. Though no petition on behalf of the Corporate Debtor- (M/s. Fort Biotech Private Limi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m the date of the order, with a view to rectifying any mistake apparent from the record, amend any order passed by it, and shall make such amendment, if the mistake is brought to its notice by the parties: Provided that no such amendment shall be made in respect of any order against which an appeal has been preferred under this Act. 5. In the present case, as there is no mistake apparent from the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore passing any order under Section 7 of the I&B Code. 8. However, it is not in dispute that the Adjudicating Authority issued notice on the Corporate Debtor which was served. In spite of service of notice, the Corporate Debtor had not appeared and thereafter, the Adjudicating Authority had no option but to proceed on merit and pass order which was passed on 8th March, 2019. 9. The only plea tak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the impugned order dated 7th June, 2019. 11. However, taking into consideration the fact and circumstances of the case, we are of the view that it is not a fit case to impose costs on the Corporate Debtor having taken over by the Interim Resolution Professional. The part of the impugned order dated 7th June, 2019 imposing cost of Rs. 25,000/- is set aside. The rest part of the impugned order is a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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