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TMI Blog2023 (12) TMI 1217X X X X Extracts X X X X X X X X Extracts X X X X ..... directed against the order dated 25.10.2023 by which the Appellant is aggrieved on the ground that the Tribunal instead of admitting the application filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 (in short 'Code') is proceeding with the matter, allowing the Respondent to file additional affidavits despite the fact that it already came a conclusion in the earlier order dated 25.03.2022 that there is a debt and default on the part of the Respondent but the said application was at that time dismissed only on the issue of limitation. 2. In brief, the Appellant filed an application under Section 7 of the Code against the Respondent (Corporate Guarantor) for the resolution of an amount of USD 44,327,301.78 as on 31.03.2019. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allowed the appeal by its order dated 09.05.2023 holding that the order under challenge is patently illegal. 5. The order dated 09.05.2023, passed by this Tribunal was challenged by the Respondent by way of Civil Appeal No. 4073 of 2023 before the Hon'ble Supreme Court which was dismissed on 04.07.2023 with the following order 'we find no error in the order of the NCLAT dated 09.05.2023 in CA (AT) (Ins) No. 579 of 2022. The appeal is accordingly dismissed. Pending application, if any, stands disposed of'. 6. Thereafter, the Appellant filed an application bearing I.A. No. 2785 of 2023 for revival and restoration of the main petition. In the said application, the following order was passed by the Tribunal on 05.07.2023 which read as under:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to list this matter on 02.08.2023." 7. Thereafter, the following order was passed by the Tribunal on 02.08.2023 which read as under;- "Mr. Hafeez Patanwala i/b Juris Crop for the Petitioner and Sr. Counsel Gaurav Joshi a/w Adv. Ashish Pyasi, Adv. Mukul Bhagtani, Adv. Princi Jaiswal i/b Dhir and Dhir Associates for the respondent are present. List this matter on 16.08.2023." 8. On 16.08.2023 the following order was passed by the Tribunal which read as under;- "Mr. Hafeez Patanwala i/b Juris Co., Counsel appearing for the Financial Creditor and Sr. Counsel Gaurav Joshi a/w Adv. Ashish Pyasi, Adv. Mukul Bhagtani, Adv. Princi Jaiswal i/b Dhir and Dhir Associates, Counsel appearing for the Corporate Debtor are present. List this matter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wala and Ld. Sr. Counsel appearing for the Respondent, Mr. Gaurav Joshi a/w Mr. Ashish Pyasi are present. At the request of the Ld. Sr. Counsel appearing for the Respondent, list this matter on 25.10.2023. Ld. Counsel appearing for the Petitioner fairly did not oppose the request of the Respondent" 12. And lastly the impugned order was passed on 25.10.2023. The Appellant is not only aggrieved because of the proceedings being carried out unnecessarily at the instance of the Respondent and also by the Tribunal instead of admitting the application filed by them under Section 7 of the Code but also because of the act and conduct of the Respondent for seeking permission to file additional affidavits etc especially when the Tribunal had already ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... did not admit the application only on the issue that the Application was found to be barred by limitation. The question of limitation was taken to the higher court and ultimately it has been proved that the application was within the limitation. In such circumstances, the Tribunal should not have gone in for further investigating on the issue as to whether there is debt and default in the present case for the purpose of admission of the application. 15. Keeping in view of the aforesaid discussion, the present appeal is thus allowed. The Tribunal is directed to admit the application filed by the Appellant on the next date of hearing and pass further necessary orders in accordance with law. Since, we are informed that the case is fixed for t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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