2021 (2) TMI 876

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ent. 2. The Applicant/Appellant has preferred the instant Interlocutory Application (under Rule 11 of the National Company Law Tribunal Rules, 2016) praying inter-alia that liberty be granted to it, to approach the Hon'ble Adjudicating Authority in terms of the ingredients of Section 7 of the 'Insolvency & Bankruptcy Code, 2016' or to allow it to contest the instant 'Appeal' on merits. 3. It is represented on behalf of the Applicant/Appellant that on 4-2-2020, this Appellate Tribunal had heard the Applicants/Appellants arguments and during the course of arguments, this Tribunal was pleased to state that if the present Appeal was withdrawn liberty shall be granted to the applicant/appellant for filing of Application....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....liberty, by Tribunal, the Applicant/Appellant will be barred by limitation to approach the Hon'ble Adjudication Authority under section 7 of the I&B Code, which in turn will cause grave prejudice to it. Therefore, the Applicant/Appellant is perforced to file the present Application seeking the clarification in the matter pertaining to the Order dated 18-2-2020 passed by this Tribunal, which is to the following effect: "...It is represented by the Learned Counsel for the Appellant and that the Appellant seeks permission to withdraw the Company Appeal (AT) (Ins.) No. 746 of 2019 and filed a Memo dated 18-2-2020 in this regard. Resting on the said memo, this Tribunal accords permission to the Learned Counsel for the Appellant to w....