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Judgment
Heard Counsel for the Appellant.
This Appeal has been filed against the order dated 28.01.2022 passed
by the Adjudicating Authority (National Company Law Tribunal), New Delhi Bench-V, by which order the Adjudicating Authority has admitted the Application under Section 7 of the Insolvency and Bankruptcy Code, 2016 ("Code" for short) filed by the Financial Creditor i.e. Homebuyer. The Appellant has come up in the Appeal challenging the said order.
It is submitted that initially Section 7 Application was filed by 11 Homebuyers and after the judgment of the Hon'ble Supreme Court, an Application has been filed which was not served on the Appellant. It is submitted that the Appellant had appeared in the proceedings and filed his Affidavit and given his address also.
We have considered the submissions of the Learned Counsel for the Appellant and perused the record.
The Adjudicating Authority in the impugned order has noted the objection raised on behalf of the Corporate Debtor in paragraph 4 of the judgment. The Corporate Debtor who was party to the proceeding has appeared and arguments were considered and order of admission of the Application was filed. We do not find any error in the impugned order admitting the Section 7 Application. There is no merit in the Appeal. The Appeal is dismissed.