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Judgment
Heard Learned Counsel for the parties.
This Appeal has been filed against the order dated 25.08.2023 passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi, Court-IV, by which order Adjudicating Authority has directed to file an FIR to the relevant police station in respect of acts of omission and commission made by the erstwhile Resolution Professional Mr. Vineet Agarwal and also for tracing his whereabouts. Earlier an order dated 20.07.2023 was passed for lodging an FIR which was kept in abeyance. On 25.08.2023, Adjudicating Authority granted time to the Appellant to comply it and date was fixed to 18.09.2023. Inspite of repeated calls, no one has appeared on behalf of the Appellant before the Adjudicating Authority, hence, the Adjudicating Authority proceeded to pass an order.
This Appeal has been filed by the Appellant stating that the Appellant’s Counsel was present but she was under impression that case was adjourned. She submits that Appellant is also present in the Court. It is submitted that today is the date fixed before the Adjudicating Authority as per order dated 25.08.2023.
Learned Counsel for the Respondent submits that the case is listed today before the Adjudicating Authority as a last case and is likely to take up before Lunch.
In the facts of the present case, we are of the view that since the Appellant’s case is that the order is ex parte, Appellant may file an appropriate Application before the Adjudicating Authority for recall/modification of the order. Appellant may also appear before the Adjudicating Authority and seeks further direction in continuation of the order dated 25.08.2023, if any.
In view of the aforesaid, we are not inclined to entertain this Appeal. The Appeal is disposed of with aforesaid observations.