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Judgment
The Appellant preferred this Appeal being aggrieved and dissatisfied by the order dated 05.09.2022 passed by the Adjudicating Authority(National Company Law Tribunal, Court-I, Mumbai, Special Bench) in IA 391/2022 in C.P. (IB)/494/(MB)/2019 whereby and whereunder the Adjudicating Authority passed the following orders:
“6. Be that as it may, it was stated that there is an error in the order dated 06.01.2022 and it should be recalled.
On the basis of the present application, we directed the registry to verify the records and it is stated by Mr. Vineet, Stenographer that what was recorded in the order dated 06.01.2022 alone was passed and there was no further order to adjourned the mater. Therefore, the fact remains, that what was passed on 06.01.2022 and recorded in the order, is valid in law, as it has been signed by both the Members and therefore the question of recall, on the plea of Mr. Nankani, Ld. Sr. Counsel, does not merit consideration. In any event, the objector is not a party in the said application (i.e. in IA 2414 /2021). Hence, we find no reason to entertain this application and the same stands dismissed.
IA 391/2022 stands disposed of.”
The Ld. Sr. Counsel for the Appellant during course of argument submits that I.A. No. 391 of 2022 was heard by the Adjudicating Authority through Video Conferencing, at the time of hearing, due to technical glitch the Ld. Counsel for the Appellant could not connect properly and he could not join and an attempt was made to inform the same.
Further, the Ld. Sr. Counsel submits that he will not rely on the averments made in the memo of appeal from paragraphs 7.26 to 7.34 before the Adjudicating Authority.
The Ld. Counsel for the Respondent No. 1 appears and filed his reply affidavit and fairly supported the plea of the Appellant. The Ld. Counsel for the Respondent No. 2 prayed for some time to file his Reply Affidavit, but also fairly conceded for an opportunity to be given to the Appellant. The Ld. Counsel Mr. Batra however sought for the RP to be continued.
After hearing the parties, we dispose of the instant Appeal with a request to the Adjudicating Authority (National Company Law Tribunal, Court-I, Mumbai, Special Bench) to hear the parties afresh and pass appropriate orders on the date already fixed. We have not expressed any view on the merits of the matter or on any of the issue raised in this Appeal.
With the observation, the instant Appeal is disposed of.
Registry to upload the Order on the website of this Appellate Tribunal and send the copy of this Order to the Adjudicating Authority (National Company Law Tribunal, Court-I, Mumbai, Special Bench), forthwith.