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Judgment
Heard Learned Counsel for the Appellant.
This Appeal has been filed against the Order dated 13th May, 2022 passed by the Adjudicating Authority, appointing the Resolution Professional under Section 95(1) of the Code and fixing the next date 06th July, 2022. Learned Counsel for the Appellant submits that now the next date in the matter is 19th September, 2022.
Learned Counsel for the Appellant submits that Application filed under Section 95(1) of the Code was barred by time and deserved to be rejected at the very threshold. He submits that Resolution Professional has already submitted a Report to which Reply has been asked for from the Appellant.
We are of the view that the Application under Section 95(1) has not yet been admitted or rejected, the Adjudicating Authority under Section 100 of the Code shall take a decision regarding the Admission or Rejection after hearing the parties, Appellant having raised plea that Application being barred by time, we have no doubt that the said issue shall also be considered while passing the Order under Section 100 of the Code. It is always open for the Appellant to take all his pleas available in law while filing the Reply to the Report of the RP.
In view of the aforesaid, we see no reason to entertain this Appeal at this stage. The Appeal is disposed of, with the above observations.