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Judgment
This appeal has been filed against the order dated 05.10.2021 passed by the Adjudicating Authority('NCLT') New Delhi, Court-II in (IB)-1915(ND)/2019.
Learned Counsel for the Appellant Shri Bhandari submits that there being non-compliance of Section 7 (3rd proviso). The application should be deemed to have been withdrawn before its admission but without taking note of the said proviso, the Adjudicating Authority is proceeding with the matter and has passed an order on 05.10.2021. By order dated 05.10.2021, the Adjudicating Authority has granted time to the Petitioner to bring certain materials on record. The order does not indicate that any opinion on the merits or with regard to Section 7(3rd Proviso) has been expressed.
At this stage, we are not inclined to entertain this appeal since the impugned order has only asked for certain records from the petitioners only which order cannot be said to be prejudicial to the Appellant at this stage.
We, however, make it clear that as contended by the Learned Counsel for the Appellant, it shall be open for the Appellant to press their submission regarding the application being not competent which we hope and trust shall be considered and decided by the Adjudicating Authority in accordance with law. With these observations, the appeal is dismissed.