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Judgment
ORDER
23.12.2022: After arguing the matter for quite some time, Mr. T. Ravichandran, the Learned Counsel appearing for the ‘Appellant’, seeks ‘permission’ from this ‘Tribunal’, to withdraw the instant Comp App (AT) (CH) (Ins) No.440/2022. Acceding to his said request, the instant Comp App (AT) (CH) (Ins) No.440/2022 is ‘dismissed’ as ‘withdrawn’. No Costs.
Before parting with the case, this ‘Tribunal’, grants ‘permission’ to the Learned Counsel for the ‘Applicant’ / ‘Appellant’ to move an ‘Interlocutory Application’ seeking ‘clarification’ / ‘elucidation’ of the order dated 04.04.2022 in IA(IBC)/318/2022 because of the fact, according to the ‘Appellant’, the similar ‘Application’ was already ‘allowed’ by this ‘Adjudicating Authority’, (Tribunal), and the said ‘observation’ is an ‘incorrect one’, as opposed to facts and conscience, because of the fact that on 04.04.2022 in IA(IBC)/318/2022 came before the ‘Adjudicating Authority’, (Tribunal), Court No.II for the ‘1st time’ and it was not recorded in the ‘Minutes’ of the ‘Order’ dated 04.04.2022 in IA(IBC)/318/2022.
The said ‘Interlocutory Application’ is to be filed by the Learned Counsel for the ‘Applicant’ / ‘Appellant’, within ‘10 Days’ from ‘Today’ and in the event of such an ‘Interlocutory Application’, is being filed on behalf of the ‘Applicant’ / ‘Appellant’, then, the ‘Adjudicating Authority’, (Tribunal), is hereby directed to ‘number’ the same (if it is otherwise in order) and to dispose of the same on ‘Merits’ by ascribing ‘sufficient reasons’ in a qualitative and quantitative term, ofcourse, in a fair, just and in dispassionate manner, uninfluenced and untrammelled with all the observations, made in this ‘Appeal’.
