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Judgment
Heard learned counsel for the Appellant. This Appeal has been filed by the Resolution Professional of the Corporate Debtor challenging the order dated 02.06.2022 passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, Court III in I.A. No. 1462 of 2022 and I.A. No. 1321 of 2022.
The Resolution Professional has filed two I.As. I.A. No. 1462 of 2022 for exclusion of 107 days and further I.A. No. 1321 of 2022 for extension of 90 days. The Adjudicating Authority heard both the applications and passed an order allowing I.A. No. 1321 of 2022 by grating extension of 90 days, however, in the order, there is no consideration of I.A. 1462 of 2022, where exclusion of 107 days was asked for.
Learned counsel for the Appellant submits that application for exclusion was filed after the CoC’s approval, hence, it was required to be considered.
A perusal of the order impugned does not indicate that there is any consideration of I.A. No.1462 of 2022 and the Adjudicating Authority has passed order only on I.A. no. 1321 of 2022 but in the operative portion both the applications have been disposed of.
In view of the aforesaid, we set aside the part of the order dated 02.06.2022 by which I.A. No. 1462 of 2022 has been disposed of. We revive the application I.A. No. 1462 of 2022 before the Adjudicating Authority, which may be considered and decided afresh after hearing the parties. Appeal is disposed of accordingly.