2023 (9) TMI 306

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....y Sharma, Advocates for R-1. ORDER Heard Learned Counsel for the appellant as well as Learned Counsel appearing for the Respondent. This appeal has been filed against the order dated 06.12.2022 passed by Adjudicating Authority (National Company Law Tribunal, Mumbai Bench, Court-III) by which order Adjudicating Authority has proceeded on Section 7 application ex-parte to the respondent and admitted Section 7 application. In Section 7 application which was filed by the Financial Creditor an order was passed by Adjudicating Authority on 28.09.2022 which is to the following effect: "Counsel appearing for the Petitioner is directed to issue notice to the Respondent intimating the Respondent regarding filing of the above Company Pe....

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....cating Authority heard the matter, proceeded ex-parte against the Corporate Debtor and reserved the order. Thereafter, the order has been delivered admitting Section 7 application on 06.12.2022. 4. Learned for the appellant challenging the order contends that in the letter which was sent by the Financial Creditor there was no mention of filing the reply within two weeks and the letter which was received from registry on 04.11.2022 two weeks time to file the reply was given although date of appearance was 15.11.2022. It is submitted that as per the said notice time for reply has not expired on 15.11.2022, hence, Adjudicating Authority ought to have given one opportunity to file reply. 5. Mr. P. Nagesh, Learned Senior Counsel appearing ....

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....ubmissions of the counsel for the parties and perused the records. 8. 15.11.2022 was the first date after issuance of notice by the Adjudicating Authority on 28.09.2022. Although the appellant was well aware that they have to appear on 15.11.2022 since notice by the registry was already been received by them but the submission of the counsel for the appellant that opportunity of two weeks was granted after service of notice as per order of the Adjudicating Authority, hence, when notice was received from the registry then they had still two weeks time to file the reply and on 15.11.2022 time had not expired. On 15.11.2022 when the appellant did not appear, the Adjudicating Authority on the same very date proceeded ex-parte and reserved th....