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Judgment
Heard Learned Counsel for the Appellant.
This Appeal has been filed against the order dated 03.06.2022 passed by the Adjudicating Authority (National Company Law Tribunal), Bench-V, New Delhi, by which order the Adjudicating Authority has issued notice to the Appellant, the Corporate Debtor to file a Reply.
Learned Counsel for the Appellant submits that the issue as to whether Chairman of the Monitoring Committee is competent to initiate proceeding under Section 9 of the IBC need to be addressed by the Corporate Debtor in its Reply and since the order dated 03.06.2022 was passed without any notice to the Appellant the same shall not come in the way when issue is adjudicated.
We are of the view that since the order dated 03.06.2022 was passed when the Appellant was not before the Adjudicating Authority, it shall be open for the Appellant to take such plea regarding maintainability of the Application in the Reply as advised and the order dated 03.06.2022 shall not come in the way of the Appellant when the issues are decided by the Adjudicating Authority.
Learned Counsel for the Appellant prays for seven days’ time to file a Reply. Let a Reply be filed by the Appellant within seven days from today.
With these observations, the Appeal is disposed of.