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Judgment
ORDER
06.05.2022: Heard Counsel for the Appellant as well as Learned Counsel for the Respondent.
This Appeal has been filed against the order dated 11.04.2022 passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi, Special Bench, by which order the Adjudicating Authority has closed the right to file reply of the Respondent who are Appellant before us.
In the present case, on 10.01.2020, notices were issued and 14 days’ time was given to file reply. On 01.02.2020, Application filed by the Financial Creditor to amend Section 7 Application was allowed and two weeks’ time was allowed to file reply. 09.03.2021 was next date fixed on which date case was adjourned to 11.04.2022. Before that, on 08.04.2022, Application was filed by the Appellant giving reason for seeking further time to file a reply. However, on 11.04.2022, when the case came for consideration, Application was not listed and the Adjudicating Authority closed the time for filing reply. Observation was made by the Adjudicating Authority that three adjournments have been given but reply has not been filed.
From perusal of the record, it does not appear that three adjournments were given to the Appellant for filing the reply. More so, when Application was filed on 08.04.2022 seeking time to file reply and by impugned order dated 11.04.2022 next date fixed was 10.05.2022, a short time could have been allowed to the Respondent (Appellant before us) to file a reply.
Learned Counsel for the Appellant submits that reply is already ready and it can be filed before the Adjudicating Authority by tomorrow i.e. on 07.05.2022.
In view of the aforesaid, we dispose of this Appeal giving liberty to the Appellant to file reply before the Adjudicating Authority by tomorrow i.e. on 07.05.2022 after serving an advance copy on the counsel appearing for the Respondent so that the Reply may be available before the Adjudicating Authority when the matter comes before the Adjudicating Authority on 10.05.2022.
In the peculiar facts of the present case, we give one opportunity to the Appellant to file its reply which reply be filed by tomorrow i.e on 07.05.2022.