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Judgment
This appeal has been filed by the Resolution Professional (RP) challenging the part of the impugned order by which cost of Rs. 50,000/-has been imposed on the Resolution Professional.
Ld. Counsel for the appellant submits that the RP has filed a Report against the personal guarantor namely Shri Sumit Suresh Bhatnagar who has also filed its Reply to the Report. However, Adjudicating Authority noticing the mistake in the affidavit of name of personal guarantor as Shri Manoj N. Patel has imposed the cost.
It is submitted that the appellant has explained that it was an inadvertent mistake in the affidavit by mentioning the name whereas in the Report the correct name was mentioned and further the personal guarantor Shri Sumit Suresh Bhatnagar has already filed Reply and there was no issue regarding the identity of the personal guarantor. We find that sufficient explanation was given by the appellant before the Adjudicating Authority and imposition of cost was not necessary.
In view of the aforesaid facts, we are of the view that ends of justice be served in deleting the cost of Rs. 50,000/- imposed on the appellant.
Appeal is disposed of accordingly.
I.A. No. 5479 of 2024
We find sufficient cause is shown in condonation of delay of 14 days.
Delay is condoned.