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Judgment
Heard learned counsel for the Appellant as well as learned counsel appearing for the Respondent. This Appeal has been filed against the order dated 23.06.2023 passed by the Adjudicating Authority in I.A. No. 2222/2020. The application I.A. No. 2222/2020 has been dismissed for non-prosecution.
Learned counsel for the Appellant submits that the counsel appearing on behalf of the Applicant sought for a short adjournment as the counsel briefed in the matter was held up in the Bombay High Court, however, the Adjudicating Authority has rejected the application.
Learned counsel for the Respondent submits that the applications were categorized and the application I.A. No. 2222/2020 was directed to be listed on 23.06.2020 alongwith three other applications.
It is submitted that the plan approval application is pending consideration before the Adjudicating Authority and 07.09.2023 is the next date fixed.
We are of the view that the application I.A. No. 2222/2020 being dismissed for non-prosecution, ends of justice be served in restoring the application. I.A. No. 2222/2020 be considered and decided afresh by the Adjudicating Authority in accordance with law.
We make it clear that we have not expressed any opinion on the merits of the application. Appeal is disposed of accordingly.