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Judgment
O R D E R
01.08.2023: Heard Learned Counsel for the Appellant and Learned Counsel appearing for the Resolution Professional.
This Appeal has been filed against the Order dated 14th July, 2023 passed by the National Company Law Tribunal, New Delhi Court III on an Application filed under Section 66(1) of the Code.
Learned Counsel for the Appellant submits that the Order has been passed without hearing the Appellant. It is submitted that order is ex-parte to the Appellant and deserves to be set aside on this ground alone.
We are of the view that Appellant has adequate recourse under NCLT Rules 49(2) to file an application.
Learned Counsel for the Appellant submits that he may be permitted to withdraw this Appeal with liberty to file an application under Rule 49(2) of NCLT Rules, 2016.
We permit the Appellant to withdraw this Appeal with liberty to file an Application before the Adjudicating Authority in view of the aforesaid rules. We have no doubt that Application which is to be filed under NCLT Rule 49(2) before the Adjudicating Authority may expeditiously be heard.