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Judgment
23.09.2024: Heard counsel for the appellant as well as Ld. Counsel appearing for the bank.
This appeal has been filed against the order dated 04.04.2024 by which order Adjudicating Authority has rejected IA- 1494 of 2024 filed by the appellant to recall the order dated 12.04.2023, 22.08.2023 and 23.11.2023 passed in proceeding under Section 95. The Adjudicating Authority has noted in the order that subsequently the application came to be admitted on 26.02.2024. The Ld. Counsel for appellant submits that the process as required under Section 99 was not followed, he has referred to Section 99(10), 99(7) he submits that hence the application was filed to recall the order.
We have considered the submissions of counsel for appellant and perused the records. All issues of non-compliance of any provisions are to be raised and decided in proceeding under Section 100 and admittedly the application has already been admitted under Section 100 on 26.02.2024 which order was not subject to challenge. We thus are of view that no error has been committed in dismissing IA No. 1494 of 2024. Ld. Counsel for the appellant lastly, submitted that appellant has not been able to file a Repayment Plan since the time has run out he may be allowed sometime to submit Repayment Plan. The appellant is allowed one month’s time to file a repayment plan before the Resolution Professional subject to above the appeal is dismissed.