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Judgment
Heard learned counsel for the Applicant and learned counsel appearing for the Respondent. This application has been filed with prayer to extend the time for filing the objection as two weeks’ time was granted in terms of order dated 28.02.2024.
Learned counsel for the Applicant submits that in pursuance of the order dated 28.02.2024 the objection could not be filed since I.A. No. 188 of 2024 which was disposed of by the NCLT was showing the status as disposed of. It is submitted that the order by this Tribunal was brought to the notice of the NCLT on 13.03.2024 and when IA was listed on 18.03.2024, the Court observed that since time has already came to an end, reply cannot be filed. In the above circumstances, application has been filed for prayers as follows:
“PRAYER
Therefore, in view of the facts and circumstances illustrated above, it is most respectfully prayed that this Hon'ble Tribunal may be pleased to:
a. grant an extension of 1 (One) week to the Applicant in terms of the judgement dated 28.02.2024 allowing the Applicant herein to file their objections before the Adjudicating Authority.
b. Pass such further orders as this Hon'ble may deem fit and proper in the interest of justice.”
Learned counsel for the Respondent raises a technical objection that the application has been filed under Rule 31 of the NCLAT Rules seeking extension of time, which does not empower to issue any direction.
Prayer for extension of time can be granted by this Tribunal in exercise of Rule 11 of the NCLAT Rules, 2016 and the technical objection raised by the Respondent does not commend us.
In view of the facts and circumstance, as has been stated in Paras 4 and 5 of the Application, we grant two days’ further time to the Applicant to file its objections, which objections may be taken on record, if filed within two days. Application disposed of accordingly.