9911796707
TMI Blog2024 (3) TMI 930X X X X Extracts X X X X X X X X Extracts X X X X ..... lant and Learned Counsel for the Respondent. 2. This Appeal has been filed against the order dated 01.03.2024 passed by Principal Bench, by which order the President of the Principal Bench has rejected the transfer application No. 07 of 2024. Against the order rejecting the transfer application, this Appeal has been filed. 3. Learned Counsel for the Appellant challenging the order contends that the proceedings were initiated by the Financial Creditor under Section 7 which proceedings were initially admitted and the application to recall the said order was rejected. Appellant filed a Company Appeal (AT) (Insolvency) No. 879 of 2023 which was allowed on 26.09.2023 setting aside the orders passed by the Adjudicating Authority dated 24.09.201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and after hearing both the parties, by impugned order rejected the application. 6. Learned Counsel for the Appellant challenging the order submits that the proceedings which has been undertaken before the Adjudicating Authority indicate apprehension of bias due to which Appellant has filed application for transfer. It is submitted that the order rejecting IA No.4676 of 2023 by which Appellant was prayed for dismissal of the petition as barred by limitation was required to be considered and which was closed giving wrong reasons in the order. It is further submitted that in the rejoinder, the Financial Creditor brought new additional facts which were opposed but the Adjudicating Authority accepted the rejoinder. It is further submitted that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Corporate Debtor, hence, the same was accepted by the Adjudicating Authority and no such bias or any wrong procedure can be imputed. It is further submitted that the Adjudicating Authority having already heard the parties on 04.01.2024 has further granted opportunity to the Appellant on 11.01.2024 and hence, no bias can be imputed nor there is any apprehension of bias. Merely because the application IA No.4676 of 2023 is not separately heard will not cause any prejudice. With regard to order dated 07.09.2023, it is submitted that in addition to order of application several other applications were heard and disposed of the fact that order was uploaded on 10.10.2023 has no effect on order. 8. We have considered the submissions of the Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... main Application itself by the Corporate Debtor and its right to contest the main Application on ground of Limitation does not get prejudiced. Accordingly, this Bench persuaded the Ld. Counsel for the Corporate Debtor to argue on Limitation as well as Merits, however he remained adamant that he would press for restoration of the IA 4676 and shall argue on Limitation ground under that only. This Bench cannot comprehend the intent behind this insistence. However, Both the Counsel argued the matter on limitation also and on its merit. 5) Nonetheless, considering the insistence of Ld. Counsel for the Corporate Debtor, this Bench considers it appropriate to adjourn this matter to 11th January, 2024 so that he can move appropriate application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 04.01.2024, 10 minutes time was granted to the Appellant, we see that in paragraph 21 of the impugned order, President has issued following observations:- "21. With this observation, the request for transfer is declined. The present Transfer Application stands disposed of with a direction to the Court-1, Mumbai Bench, NCLT to give sufficient opportunity to the parties." 13. The grievance of the Appellant that he has to be given sufficient opportunity has also been addressed in paragraph 21 of the order. Counsel for the Appellant has relied on the judgment of the Delhi High Court in "Kinri Dhir vs. Veer Singh- 2022 SCC OnLine Del 1096". He has referred to paragraphs 37, 43, 44 & 45 of the judgment. There can be no dispute to the prep ..... X X X X Extracts X X X X X X X X Extracts X X X X
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