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Judgment
O R D E R
14.07.2022 Both these Appeals have been filed against the order dated 27th April, 2022 by which Adjudicating Authority has decided the Application filed by the Appellant and imposed a cost of Rs. 15,000/-.
Learned Counsel for the Appellant submits that the Appellant, who is a Corporate Debtor, had already filed Reply and taken a plea that Application filed under Section 9 of IBC, is barred due to Section 10-A of IBC. It is submitted that during period of suspension, in terms of notification, no Application could have been entertained. He also submits that he has already filed an Interlocutory Application for separately deciding the issue which has not been considered. The Adjudicating Authority has observed that since the plea under Section 10-A IBC has already been taken by the Corporate Debtor stating that Company Petition of Operational Creditor is not maintainable, the plea shall be considered.
We have heard Mr. Joy Saha, learned Sr. Advocate, Counsel for the Appellant. He submits that in the Reply, which has been filed by Corporate Debtor, plea of Section 10-A of IBC has already been taken. Adjudicating Authority has taken a view by the impugned order that the Application separately filed raising the issue of Section 10-A IBC need not be considered since the plea under Section 10-A IBC has already been taken in the reply filed by the Corporate Debtor.
In view of the above facts, we are not inclined to entertain these Appeals.
We, however, observe that the Adjudicating Authority while proceeding with Section 9 Application filed by the Operational Creditor, shall consider the plea raised by the Corporate Debtor under Section 10-A IBC while passing order under Section 9 Application. We are further of the view that present was not a case of imposing a cost of Rs. 15,000/- on the Appellant. We delete the cost of Rs. 15,000/- as imposed in the impugned order.
Thus, the impugned order in so far as cost amounting Rs. 15,000/-, is set aside. The Appeals are disposed of accordingly.
Learned Counsel for the Appellant submits that although notice was served on the Respondent but no one has appeared for the Respondent.
We having not entertained the Appeals, subject to the direction regarding cost, we see no reason to issue any further notice to the Respondent.
Both the Appeals are disposed of accordingly.