2024 (11) TMI 1475

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....ed 29.07.2024 passed in I.A. No. 3698 of 2024 in CP (IB) No. 16/PB/2017 passed by the National Company Law Tribunal, New Delhi, Court No. V. The said order dated 29.07.2024 read as under:- 2. The second order dated 30.07.2024 also read as under:- "Due to paucity of time, the matte is listed on 02.08.2024." 3. The appeal was filed through e-filing vide diary no. 9910110088162024 on 02.08.2024. 4. The office of this Tribunal securitized the appeal filed online on 07.08.2024 and raised the following objections :- 5. One of the objection in the defect sheet was "clarify the mentioned, impugned order dated 30.07.2024 and 29.07.2024" 6. The office has informed us that the clarification was sought as to how one appeal has been filed while c....

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....alf of the Greater NOIDA Authority also appears and has submitted various objections on the process of the E-Auction of the Corporate Debtor. It is the contention of the Ld. Counsel on behalf of the Greater NOIDA Authority that the Liquidator has not admitted the claim of the Greater NOIDA Authority in terms of the judgment of the Hon'ble Supreme Court in Prabhjit Singh Soni case and without admitting their claim and making them as a party of the Stakeholders Consultation Committee, the Liquidator has taken further steps. The Liquidator is directed to examine the claim of the Greater NOIDA Authority in terms of the judgment of the Hon'ble Supreme Court in Prabhjit Singh Soni case and take all appropriate actions including making the Grea....

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....e has also submitted that the appellant at the time of refiling could not have removed the impugned order dated 29.07.2024 and 30.07.2024 which were challenged in the appeal and insert a new order dated 02.08.2024 for which the Appellant has a separate cause of action, if aggrieved to challenge the same, therefore, the appeal which was initially filed against the order dated 29.07.2024 and 30.07.2024 has become infructuous and therefore the impugned order dated 02.08.2024 which has been appended with the appeal at the time of refiling cannot be looked into for the purpose of redressal of any grievance. She has further submitted that once the appeal is filed in this court online, it becomes the property of the court and no part of the appeal....

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....he has committed and has assured that he shall not repeat it in future. 12. We are not inclined to punish him for this mistake but we are also not happy with the kind of attitude as to "who bothers". We may emphatically observe that once a case is filed online or by way of hard copy, it becomes record of the court and if the said record is given back to the parties concerned for removing the defects and for refiling, no change, at any cost can be brought about, without taking an order from the court, in case there happens to be a mistake on account of an error of omission or commission. In case such type of practice is allowed to be continued in this court then there shall be no end to making interpolations and changes in the pleadings or ....