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Judgment
Heard learned counsel for the appellant.
Mr. Gautam Singhal, Advocates appears and accepts notice on behalf of Ms Shalu Khanna, Liquidator for JMD Oils Pvt Ltd. No formal notice is required to be issued on Respondent No.1.
Learned counsel for the appellant is directed to take steps for issuance of notice on Respondent No.2 by speed post and email. Requisites alongwith process fee be filed by Monday, 13.09.2021. Learned counsel for Respondent No.1 is directed to file hard copy of the reply affidavit within three weeks.
Rejoinder (hard copy), if any, within one week thereafter.
Learned counsel for Respondent No.2 is directed to appear and file reply affidavit within three weeks. Rejoinder (hard copy), if any, within one week thereafter.
IA No.1836/2021 have been filed with a prayer for exemption from filing original/certified copy of the impugned order dated 05.07.2021 passed in IA No.713/2021 in (IB)373(PB)/2018 titled M/s Indian Overseas Bank Vs JMD Oils Pvt Ltd by NCLT, Principal Bench, New Delhi. Having heard the lear counsel and the reasons explained in the IA, IA stands allowed. Learned counsel for the appellant is directed to file certified copy of the impugned order within one week after obtaining the certified copy of the order.
An IA No.1837/2021 has been filed by the appellant for condonation of delay of 11 days in filing the appeal.
Learned counsel for the appellant submitted that the delay in filing the appeal was on account of the various restrictions imposed due to the Covid 19 pandemic and the devastating 2nd wave. Learned counsel further submitted that Hon'ble Supreme Court of India has also realized the difficulties being faced by litigants and extended the period of limitation in filing of various cases vide order dated 27.4.2021 in the matter of Cognizance for Extension of Limitation; MA No.665/2021 in SMW(C) No.3/2020. Learned counsel prays that the delay in filing the appeal may be condoned.
Having heard the learned counsel for the appellant and the reasons mentioned in the IA application, IA stands allowed. Delay of 11 days in filing the instant appeal is hereby condoned.
List the matter on 25.10.2021 under the heading for admission (after notice).