2024 (1) TMI 41

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....Dated:- 5-10-2023<br>Company Appeal (AT) (Ins.) No. 584 of 2023 - -<br>Insolvency & Bankruptcy<br>[Justice Ashok Bhushan] Chairperson , [Mr. Barun Mitra] Member (Technical) And [Mr. Arun Baroka] Member (Technical) For the Appellant : Mr. Abhijeet Sinha, Mr. Apoorv Agarwal, Ms. Vaishnavi Prakash, Advocates For the Respondents : Mr. Vinod Chaurasia, Advocate for R-2. Mr. Anirban Bhattachary....

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....her option but to proceed against the Corporate Debtor ex-parte vide order dated 20.09.2022." 2. It is submitted that NCLT by its judgment and order dated 27.05.2022 has set aside the earlier admission order dated 31.03.2022 and by allowing the appeal following observations were made: "However, the fact of the matter is that the said order dated 03.08.2021 was duly complied with by the....

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....CA (AT) (Ins) No. 523 of 2022 is allowed and order dated 21.02.2022 is set aside and consequently, the order dated 23.09.2021, whereby the Appellant was proceeded against ex-parte is also set aside. In the order dated 31.03.2022, challenged in CA (AT) (Ins) No. 443 of 2022, the Adjudicating Authority has recorded in Para 6 of the impugned order that "the Corporate Debtor has not filed any Reply no....

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....ed 20.09.2022 4. Learned Counsel for the appellant submitted that this Tribunal itself has noticed that reply was filed and cost was paid and even if the reply was not on the e-portal an opportunity ought to have been given to the appellant to put it on the e-portal. 5. Learned Counsel for the respondent submitted that even the date when order was passed the reply was not on the e-portal, he....