9911796707
TMI Blog2023 (5) TMI 1200X X X X Extracts X X X X X X X X Extracts X X X X ..... Adjudicating Authority has admitted the Section 7 application filed by the Financial Creditor. 2. Application under Section 7 was filed by the Punjab National Bank in which the Adjudicating Authority passed an order on 06.01.2023 closing the right of the Appellant to file reply and the orders were reserved. The order passed on 06.01.2023 is as follows: "ORDER Today, when the matter was heard, Mr. S.K. Sharma, Ld. Counsel for the petitioner and Mr. Abhishek Gusain, Ld. Counsel for the respondent appeared. Notice was issued to the respondent on 17.10.2022. After service, it appears that the respondent has filed reply and served it on the petitioner's counsel but the copy of the same has not been filed before the NCLT and when the que ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion under Section 7 of the IBC. Thereafter, the NCLT may proceed to pass orders in accordance with law. iii. The present order shall be communicated by the Registrar General to the Registrar, NCLT in order to ensure that the Petitioner's interests are not adversely affected, due to any delay in communication." 4. The order of the High Court was sent by the Registry of the High Court, which order of the High Court was not before the Adjudicating Authority when matter was heard on 28.02.2023. It appears that the order was subsequently received by the Adjudicating Authority and thereafter the Adjudicating Authority fixed date in the matter as 15.03.2023. We have been informed that the said date has also been adjourned to 29.08.2023. 5. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to consider the reply which was filed by the Appellant on 29.11.2022, especially when the Financial Creditor has already filed it rejoinder. The Adjudicating Authority passed the impugned order without taking into consideration the reply which has already filed on 29.11.2022 but laying in defect. 10. Learned counsel for the Appellant undertakes before us that defects shall be cured within two weeks from today. 11. The reply and rejoinder being already on the record, ends of justice be served in setting aside order dated 28.02.2023 and reviving Section 7 application before the Adjudicating Authority to be heard afresh taking into consideration the reply as well as rejoinder filed by the Financial Creditor. Let a copy of this order be produ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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