TMI Blog2022 (6) TMI 54X X X X Extracts X X X X X X X X Extracts X X X X ..... the opportunities granted were not availed. The case is remanded back to the Adjudicating Authority to consider the application on merits and decide the same in accordance with law - appeal allowed by way of remand. - Company Appeal (AT) (Insolvency) No. 504 of 2022 - - - Dated:- 30-5-2022 - [Justice Rakesh Kumar Jain] Member (Judicial) And [Dr. Alok Srivastava] Member (Technical) For the Appellant : Mr. Sandeep Bisht, Mr. Yati Ranjan and Mr. Divyam Garg, Advocates For the Respondent : Mr. Geetesh Meena, Advocate ORDER (Virtual Mode) This Appeal is preferred against the impugned order dated 10th March, 2022 passed by the Adjudicating Authority (National Company Law Tribunal, New Delhi, Court-IV) in I.A. No. 5064 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd are almost similar to the facts of the case which has been cited because in that case also the right to file the Reply was closed but on an applicant filed therein the reply was taken on record. The order of taking the Reply on record was challenged by the Creditor by way of an Appeal before this Tribunal in the case of CA (AT) (Ins) No. 271 of 2022 and this Tribunal had observed that Present is not the case where the Adjudicating Authority has exercised its power of review on merits of any issue decided by the Adjudicating Authority. Present is the case where with regard to the pleading i.e. accepting the Reply, inherent power has been exercised by the Adjudicating Authority under Rule 11 of the NCLT, Rules. We are of the view that sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Ins) No. 271 of 2022 in which it has been held that if there is an adjudication by the Adjudicating Authority on merits of the issues then it would not have the jurisdiction to review its order but insofar as the dispute with regard to right to file the Reply which is closed by an order, it certainly has the jurisdiction to recall it in terms of the Rule 11 of NCLT Rules, 2016. In view of the aforesaid discussions, we therefore, allow this appeal and remand the case back to the Adjudicating Authority to consider the application on merits and decide the same in accordance with law. The parties are directed to appear before the concerned Adjudicating Authority on the date already fixed i.e. 09th June, 2022. - - TaxTMI - TMITax - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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