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Judgment
08.01.2026: Heard counsel for the Appellant as well as Ld. Counsel for the Liquidator.
This appeal has been filed against the order dated 27.11.2025 passed in IA No. 2943 of 2023 by which order while granting time to the appellant who was respondent no.31 in the IA cost of Rs.1,00,000/- was imposed. Submission of the appellant is that the application which was filed by the RP being 2943 of 2023 an order was passed by the Adjudicating Authority on 05.06.2025 where RP sought time to amend/update the application with regard to array of the respondents. It is submitted that RP having not finalised the array of respondents. Present was not a case for imposition of a cost.
Ld. Counsel for the liquidator submits that time was allowed to the respondent to file a reply and then reply having not been filed the cost was imposed. It is however submitted that the liquidator never prayed for imposition of cost.
We have considered submission of the parties and perused the records.
The order impugned dated 27.11.2025 reads as follows:-
ORDER
IA 2943/2023
Ld. Counsel for all Respondents is directed to file reply within one week, with an advance copy to the other side. This is granted as a last and final opportunity, failing which, heavy costs shall be imposed upon each Respondent. No further time will be granted at any pretext. Ld. Counsel appearing for the Respondent No.31 seeks some more time to file reply. Time is granted. Let the reply be filed subject to payment of cost of Rs.1,00,000/-, to be deposited with "PAY AND ACCOUNT OFFICER, MINISTRY OF CORPORATE AFFAIRS, NEW DELHI". The same shall be filed with an advance copy to the other side. Rejoinder, if any, be filed.
List this matter on 15.01.2026.
The earlier order on which reliance has been placed by the appellant dated 05.06.2025 is as follows:-
“ORDER
IA 2943/2023
Ld. Counsel for the Applicant/Liquidator submits that he would like to amend/update the Application with regard to the array of Respondents, as they are likely to be dropped from the proceedings because no cause of action exists. In view of this, he needs short accommodation, which is granted. Thereafter, this bench will insist upon the Respondents to file the requisite replies. List this matter on 14.08.2025.
IA 2961/2021 IA 1008/2024 IA 4500/2024
Re-list this matter on 14.08.2025.”
A perusal of the impugned order indicate that court has allowed one week time to all the respondents to file a reply without imposing any cost whereas with respect to present appellant cost of Rs.1,00,000/- has been imposed. We do not find any reason given in the order to impose of cost on appellant alone while granting time to file reply. Furthermore, the earlier order 05.06.2025 is also a reason to desist from imposing any cost for while granting the time for reply. We thus are satisfied that the imposition of cost of Rs.1,00,000/- on the appellant was uncalled for. The imposition of cost is deleted; Appeal is disposed of.
Counsel for the appellant submits that next date fixed is 15.01.2026 and he shall file the reply before the next date.