AI Structured Summary
Not yet generated for this judgment
Judgment
ORDER
07.09.2022: Heard Learned Counsel for the Appellant and Learned Counsel appearing for the Resolution Professional.
This appeal has been filed against the order dated 21.04.2022 by the Adjudicating Authority by which order IA No. 2342/2020 filed by RP u/s 43 and 66 of the Code has been allowed and direction was issued to the Appellant to pay back Rs. 69.46 crores.
Learned Counsel for the Appellant submitted that Adjudicating Authority has passed an order on 04.02.2022 proceeding ex-parte against the Appellant and I.A. No. 706 of 2022 was filed by the Appellant in IA No. 2342/2020 on 12.03.2022.
The Adjudicating Authority has heard the arguments in IA No. 2342/2020 on 04.03.2022 and reserved for order. Subsequently, the order was pronounced on 21.04.2022.
Learned Counsel for the Appellant submits that his application filed on 12.03.2022 to recall the ex-parte order was not considered by the Adjudicating Authority.
It is submitted in the appeal that the Learned Counsel for the Appellant has also brought certain materials in support of his defense, which were not filed before the Adjudicating Authority.
Learned Counsel for RP has very fairly submitted that in the facts of the present case, the matter need to be sent back to the Adjudicating Authority to hear the application afresh after giving limited opportunity to the Appellant to file their reply.
Let the Appellants file the reply to the IA No. 2342/2020 within two weeks from today. It shall be open for the Appellant to annexe all the relevant materials and documents in support of their defense along with reply.
Adjudicating Authority shall thereafter proceed to consider the application afresh and dispose of the application 2342/2020 in accordance with law without being influenced by any observations made in the earlier order.
We make it clear that we are not expressing any opinion on the merits of application 2342/2020. It is for the Adjudicating Authority to consider all the aspects of the matter and take an appropriate decision accordingly.
In result, the order dated 21.04.2022 is set aside and the matter is remitted back to the Adjudicating Authority for passing the order accordingly. The appeal is disposed of.