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Judgment
Heard Learned Counsel for the Appellant and Learned Counsel for the Respondent.
This Appeal has been filed against the order dated 31.05.2022 passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi, Court-IV, by which order the Adjudicating Authority in I.A No. 1825/ND/2022 has passed an interim order for maintaining status qua with regard to main IB- 284/ND/2022. The time of 14 days was allowed to the Appellant by order dated 04.05.2022 to file a Reply. On 31.05.2022, the Appellant having not filed the Reply, the Adjudicating Authority directed that right to file Reply stands closed. The Appellant although had filed a Reply to I.A No. 1825/ND/2022. Learned Counsel for the Appellant submits that the Appellant was in the negotiation with the Respondent and had made deposit of Rs. 98 Crores on 04.05.2022 and subsequently also made deposit of substantial amount, hence, Reply could not be prepared and filed.
Learned Counsel for the Respondent submits that Respondent has no instructions regarding payment made by the Appellant.
Be that as it may, we have seen that 19.07.2022 was the date fixed by order dated 31.05.2022 and now 08.08.2022 has been fixed both in I.A No. 1825/ND/2022 as well as in the main IB- 284/ND/2022. In the facts of the present case, we are of the view, the ends of justice be served in giving one week’s time to the Appellant to file a Reply subject to payment of cost of Rs.50,000/- to the Prime Minister’s Relief Fund.
The Respondent may have one-week further time for Rejoinder-Affidavit. On 08.08.2022 which is the date fixed, it is for the Adjudicating Authority to decided I.A No. 1825/ND/2022 and a date in the main petition be fixed two weeks thereafter for hearing. We make it clear that in event the Appellant does not file Reply, he shall be given no further opportunity to file a Reply.
The Appeal is disposed of.