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Judgment
Heard Learned Counsel for the parties.
This Appeal has been filed against the Order dated 21st March, 2023 by which order the Adjudicating Authority has rejected I.A. No. 1497 of 2023. The Appellant is the corporate debtor against whom the Application under Section 7 of IBC is pending consideration before the Adjudicating Authority. The Financial Creditor was heard on 16th February, 2023 and thereafter for hearing of the Corporate Debtor 15th March, 2023 was fixed, on which date the Corporate Debtor asked for pass over and thereafter on second call no one appeared then the Court proceeded to reserve the Order.
It is submitted that mention was made by Learned Counsel for the Corporate Debtor on 15th March, 2023 and on the same day application was filed which has been now rejected by Order dated 21st March, 2023.
While reserving the Order on 15th March, 2023, the Adjudicating Authority has also granted three days time to the Corporate Debtor to file a Written Submissions along with case laws. Learned Counsel for the Appellant submits that Appellant having filed this Appeal had not filed the Written Submissions so far.
After hearing the Learned Counsel for the parties, we are of the view that since the matter has been reserved by the Adjudicating Authority and Adjudicating Authority has refused to grant further opportunity for oral argument to Appellant, we see no reason to interfere with the Order. We however in the facts of the present case, grant three days further time to file Written Submissions as directed by the Adjudicating Authority by Order dated 15th March, 2023. We have no doubt that written submissions filed by the Appellant shall be considered by the Adjudicating Authority while delivering the Order.
Subject to above, the Appeal is dismissed.