TMI Blog2023 (1) TMI 904X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Adjudicating Authority when IA No. 4453 of 2022 was allowed on 22.09.2022 which means that the Appellant was not present when the matter was heard and order was reserved, therefore, there was no representation on behalf of the Appellant before the Adjudicating Authority so that the Appellant could have put forward its case against the admission of the application filed by the Respondent herein. The impugned order is set aside. The matter is remanded back to the Adjudicating Authority to decide the application again after giving an opportunity of hearing to the Appellant - appeal allowed. - Comp. App. ( AT ) ( Ins ) No. 1171 of 2022 - - - Dated:- 19-1-2023 - [ Justice Rakesh Kumar Jain ] Member ( Judicial ) And [ Naresh Salecha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent arrived at between the parties has fizzled out. The said application was dismissed on 10.11.2021, the said order was challenged before this Tribunal bearing No. CA(AT) (Ins) No. 103 of 2022 by the Financial Creditor and the same was allowed on 18.07.2022 by this Tribunal. Counsel for the Appellant has pointed out that the order dated 18.07.2022 has further been challenged by the Corporate Debtor by way of Civil Appeal No. 5896 of 2022 before the Hon ble Supreme Court in which notice has been issued on 23.09.2022. The order of the Hon ble Supreme Court reads thus: Issue Notice, returnable in two weeks. 3. While the aforesaid proceeding was going on at the instance of the Corporate Debtor, an application bearing no. IA 4143 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry of the Adjudicating Authority about listing of the said application on the same day i.e. 01.09.2022 at 3:20PM through email but he was not aware of the order. However, as soon as he came to know that the order was reserved and his presence was wrongly recorded, he filed an application bearing IA No. 4453 of 2022. But before the said application could have been decided, the impugned order dated 07.09.2022 was passed. However, the said application was incidentally allowed with following orders by the Adjudicating Authority on 22.09.2022: We have heard the submissions made by the Ld. Counsel for the Financial Creditor as well as Ld. Counsel of the Corporate Debtor. Ld. Counsel for the Corporate Debtor has sought for correction of the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant Tribunal to this order for proper appreciation of the facts and circumstances of the matter. Let this matter be listed on 03.10.2022 5. Counsel for the Appellant has argued that the Adjudicating Authority has committed a patent error in reserving the order on 01.09.2022 showing the presence of the Appellant and pronouncing the impugned order dated 07.09.2022 behind his back, though the Appellant has been contesting the admission of the application filed under Section 7 of the Code tooth and nail before all the forums much less, an appeal has also been filed before the Hon ble Apex Court bearing No. Civil Appeal No.5896 of 2022 in which notice has also been issued, therefore, there was no reason for the Appellant to have not ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, there was no representation on behalf of the Appellant before the Adjudicating Authority so that the Appellant could have put forward its case against the admission of the application filed by the Respondent herein. 8. In view of the aforesaid facts and circumstances of the case, we are of the considered opinion that the Appeal is meritorious and the same is hereby allowed. The impugned order is set aside. The matter is remanded back to the Adjudicating Authority to decide the application again after giving an opportunity of hearing to the Appellant. The parties are directed to appear before the Adjudicating Authority on 14th February, 2023. The Registry is directed to send a copy of this order for compliance to the concerned Adjudica ..... X X X X Extracts X X X X X X X X Extracts X X X X
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