2024 (11) TMI 728

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....HAIRPERSON, BARUN MITRA MEMBER (TECHNICAL) AND ARUN BAROKA MEMBER (TECHNICAL) For the Appellant: Mr. Shashank Deo Sudhi, Mr. Aru Prakash, Advocates For Respondent: Mr. Mohit Nandwani, Advocate ORDER Heard learned counsel for the parties. This Appeal has been filed against order dated 04.01.2024 passed by the Adjudicating Authority by which I.A. No.5693 of 2023 filed by the Corporate De....

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.... in the Section 7 application which is now sought to be brought by the documents and documents were not referred in the Section 7 application earlier, hence, Rejoinder ought not to have been accepted. Appellant has placed reliance on the judgment of this Tribunal in "Company Appeal (AT) (CH) (Ins) No.87 of 2023, State Bank of India vs. India Power Corporation Ltd.", para 23. 3. Learned counsel ....

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....lated documents through the said Rejoinder, and such Rejoinder in Reply to the Reply of Applicant/ Corporate Debtor cannot be permitted in a routine manner. This Bench finds that the NCLT Rules permit submission of Rejoinder with the leave of this Court and it does not postulate that such leave has to be prior in time. Further, these documents are in nature of Financial statements and OTS related ....

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....rporate Debtor that application is barred by time. 7. In so far as judgment relied by the Appellant of this Tribunal, the observation made in the judgment clearly indicate that the rejoinder can be accepted with the leave of the Court and necessary additional pleading can be heard which is necessary for just decision by the Bench. The power of the Court to accept the rejoinder and document is n....