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Judgment
Heard Learned Counsel for the Appellant and Learned Counsel for the Respondent.
This Appeal has been filed against the order dated 21.04.2022 passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi, Special Bench, Court-III in I.A-1408 of 2022 which was filed by the Appellant. I.A was filed by the Appellant when proceedings in IB-2688/(ND)/2019 were part heard and the Court was proceeded to hear the parties.
Learned Counsel for the Respondent submits that the issues which were sought to be raised by the Appellant in I.A- 1408 of 2022 has already been submitted by the Respondent before the Court during the course of the submission. It is submitted that there was no necessity to file Application which was only filed to delay the proceedings.
In view of the facts as noted above, we are of the view that the order of rejection passed by the Adjudicating Authority on the Application need no interference in this Appeal. We, however, make it clear that any observations made by the Adjudicating Authority while rejecting the Application I.A-1408 of 2022 have no bearing when the issues are decided by the Adjudicating Authority in accordance with law and merits. All contentions of both the parties are left open.
With these observations, the Appeal is dismissed.