TMI Blog2023 (9) TMI 306X X X X Extracts X X X X X X X X Extracts X X X X ..... ng order is not giving sufficient opportunity to the appellant as contemplated by Rule 37 Sub Rule 2 of the NCLT Rule, 2016. Ends of justice be served in giving one opportunity to the appellant to file a reply before the Adjudicating Authority. Let the appellant filed reply within two weeks from today and appear on the next date fixed by Adjudicating Authority - The order dated 06.12.2022 is set aside - appeal disposed off. - [ Justice Ashok Bhushan ] Chairperson And [ Mr. Barun Mitra ] Member ( Technical ) For the Appellant : Mr. Krishnendu Datta, Sr. Advocate, Mr. Himanshu Satija, Ms. Prerana Wagh, Mr. Shivam Shukla, Advocates For the Respondents : Mr. P. Nagesh, Sr. Advocate, Mr. Adarsh Ramanujan, Mr. Lzafeer Ahmad BF, M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cer of this bench shall ensure the availability of hard copy before the next date of hearing. List this matter on 15.11.2022 for appearance of the Respondent. 2. In pursuance of the order dated 28.09.2022 Financial Creditor sent a letter dated 01.10.2022 to the appellant informing that 15.11.2022 is the date of appearance. In pursuance of the later part of the order registry has also sent a communication dt. 31.10.2022 which was received on 04.11.2022 along with letter dated 31.10.2022 sent by registry, copy of the order dated 28.09.2022 was also sent. The Adjudicating Authority by order dated 28.09.2022 allowed two weeks time to file Reply after receipt of the notice. 3. On 15.11.2022 no one appeared on behalf of the Corporate Debt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the Appellant could not appear or file reply. It is further submitted that interim moratorium was declared under Section 95 application on 14.10.2022 and thereafter application under Section 7 ought not to have been admitted. Issue notice. Learned counsel for Respondent No.1 appears and accepts notice. Let a copy of the Appeal Paper Book be provided to Respondent No.1. Issue notice to Respondent No.2 only. Requisites alongwith process fee be filed within three days. Respondent may file Reply within two weeks. Rejoinder be filed within two weeks thereafter. List this Appeal on 23.01.2023. In the meantime, no further steps shall be taken in pursuance of the order dated 06.12.2022. 7. We have considered the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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