TMI Blog2022 (5) TMI 1495X X X X Extracts X X X X X X X X Extracts X X X X ..... akalatnama and Reply. At least one opportunity ought to have been given to the Respondent to file his Reply. The Order dated 17.02.2022 being virtually Ex-Parte deserve to be set aside. The Corporate Debtor is allowed one week time from today to file its 'Reply' before the Learned Adjudicating Authority and the Financial Creditor may also file their Rejoinder within two weeks, thereafter. Further, with regard to the amount deposited by the Financial Creditor in pursuance of the Para-16 of the impugned order Learned Adjudicating Authority shall pass appropriate Order in the pending proceedings. Learned Counsel for the Parties are at liberty to make an Application for fixing a date after three weeks before the Learned Adjudicati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 17.02.2022 was the first date after serving of Notice on which date the Learned Adjudicating Authority proceeded to admit the Application. Which is mentioned at Page- 43. 9. Notice by the Authority was issued vide order dated 23.12.2021. Despite the notice been served to the respondent corporate debtor neither they appeared nor filed its reply objecting the said petition. 4. Suspended Director of the Corporate Debtor aggrieved of the order has come up in this Appeal. Learned Counsel for the Appellant submits that on 17.02.2022 which was the first date, the Learned Counsel for the Respondent/ Corporate Debtor appeared and made a request for time to file the 'Vakalatnama' as well as the 'Reply' also. He submitted th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeared. We have no reasons to disbelieve the Affidavit filed by the Counsel in this Appeal, that he appeared and made a request to file the 'Vakalatnama' and 'Reply'. We are of the view that at least one opportunity ought to have been given to the Respondent to file his Reply. The Order dated 17.02.2022 being virtually Ex-Parte deserve to be set aside. The Corporate Debtor is allowed one week time from today to file its 'Reply' before the Learned Adjudicating Authority and the Financial Creditor may also file their Rejoinder within two weeks, thereafter. 8. Further, with regard to the amount deposited by the Financial Creditor in pursuance of the Para-16 of the impugned order Learned Adjudicating Authority shall ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
