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Judgment
Heard Learned Counsel for the Appellant.
This Appeal has been filed against the order dated 08.11.2021 passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, Court III, by which order the Adjudicating Authority has directed the Resolution Professional to submit a report after exercising power enumerated under Section 99 of the Insolvency and Bankruptcy Code, 2016.
Learned Counsel for the Appellant submits that there was defects in the Application and the Application was barred by time. It is submitted that Reply was submitted by the Appellant one day before at 20:17 P.M. but the Court has wrongly observed that Reply has not been filed.
We have considered the submissions of the Learned Counsel for the Appellant and perused the record.
After submission of the report by the Resolution Professional, the Adjudicating Authority is yet to admit or reject the Application. The Appellant who is already before the Adjudicating Authority is entitled to raise the objection before the Adjudicating Authority at the time when the Application comes for consideration for admission or rejection. Since the Appellant has still at liberty to raise its objection before the Adjudicating Authority, we are of the view, at this stage, there is no good grounds to entertain this Appeal.
We dismiss this Appeal subject to liberty to the Appellant to raise its objections at the time of admission or rejection of the Application by the Adjudicating Authority.