2023 (12) TMI 1217

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....h Kumar Jain (Oral) This appeal is 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 o....

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....rs and the guarantee by the Respondent' and 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 ....

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....edgement before this Bench on the next date of hearing. Registry is directed 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/....

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.... by the Tribunal which read as under:- "Ld. Counsel appearing for the Petitioner, Mr. Shyam Kapadia a/w Mr. Aman Kacheria & Mr. Hafeez Patanwala 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 a....