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Judgment
07.01.2025 : Heard Counsel for the Appellant.
This Appeal has been filed against an Order dated 01.10.2024, by which Adjudicating Authority has issued a Notice in a Section 7 Application filed by the Financial Creditor.
Learned Counsel Sr. Counsel appearing for the Appellant submits that the Application itself was not maintainable, the arbitration having been put in execution the Section 7 was not maintainable and it is submitted that there was no Financial Debt involved hence Section 7 was not maintainable.
Counsel for the Respondent submits that in pursuance of the issuance of Notice, the Appellant has already filed a Reply before the Adjudicating Authority which is being considered.
Learned Counsel for the Appellant submits that the issue of maintainability be directed to be decided first. We are of the view that Order impugned is only an Order of issuing notice which gave liberty to the Appellant to raise all his pleas including the pleas regarding non-maintainability Application under different grounds which are yet to be considered and decided by the Adjudicating Authority.
At this stage, we are not persuaded to enter into the issues raised in the Appeal. We further observed that the Order impugned is an Order issuing Notice any observation made in the Order be not treated any expression of opinion of the Adjudicating Authority and all issues need to be decided afresh after hearing both the Parties in accordance with law.
With these observations, the Appeal is dismissed.