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Judgment
There is delay of 10 days in filing the Appeal. Sufficient grounds have been made out in paragraph 3.1 of the Application for Delay Condonation of 10 days in Appeal. Delay is condoned.
Heard Learned Counsel for the parties.
This Appeal has been filed against the Order dated 18th July, 2022 passed by the Adjudicating Authority. By which Order, the Adjudicating Authority has issued notices to the Appellant-Corporate Debtor.
Mr. Arun Kathpalia, Learned Counsel appearing for the Appellant submits that in view of the Application which was filed, the Application was clearly barred by Section 10-A of the IBC, 2016. The date of default being within the prohibited period and it was not a case for issuing notice.
Learned Counsel for the Respondent submits that notices having been issued, it is open for the Appellant to file objection including objection with regard to Section 10-A.
In view of the aforesaid, we are of the view that the Appellant may appear before the Adjudicating Authority and file appropriate Reply/Objection raising plea of application being barred by Section 10-A. Learned Counsel for the Appellant may file his objection before the next date i.e. 09th November, 2022.
With these observations, the Appeal is disposed of.