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Judgment
Heard learned counsel for the Appellant as well as learned counsel appearing for the Respondent. This Appeal has been filed against the order passed by the Adjudicating Authority (National Company Law Tribunal), Cuttack Bench dated 13.05.2022 by which the application filed by the Operational Creditor to amend the application and accept the rejoinder has been allowed.
The Amendment Application was filed for amending Part IV of the petition, which has been clearly noticed and dealt by the Adjudicating Authority in Para 8 of the impugned order. The amendment does not in any manner change the complexion of the case.
Learned counsel for the Appellant submitted that initially the rejoinder affidavit was not accepted but later Adjudicating Authority accepted it. It is stated that in the rejoinder certain new documents have been filed by the Applicant.
The Adjudicating Authority has noticed that earlier the rejoinder was filed but it was retuned because there was no prior permission obtained and now the applicant filed the rejoinder seeking leave of the court. Leave having been granted by the Adjudicating Authority, we do not find any error in the order of the Adjudicating Authority accepting rejoinder affidavit on record.
Now, the only grievance raised by the Appellant is that certain new documents have been filed in the rejoinder affidavit but no opportunity has been given to the Appellant to reply. In this regard, we are of the view that Appellant may be given opportunity to file Sur-rejoinder within three weeks from today. The Adjudicating Authority shall proceed with the matter after the Sur-rejoinder, as permitted by this order, is filed.
We do not find any ground to entertain this Appeal. The Appeal is disposed of with aforesaid observations.