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Judgment
Heard learned counsel for the Appellant as well as Shri IPS Oberoi, learned counsel appearing for the Liquidator. This Appeal has been filed against order dated 31.03.2022 passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi Bench-II in CA No. 1554/2019.
The application CA No. 1554/2019 was filed by the then Resolution Professional under Section 19(2) of the Insolvency and Bankruptcy Code, 2016 (for short ‘I&B Code’). In CA No. 1554/2019 a reply was also filed by the Appellant dated 02.01.2020, copy of which has also been brought on the record at Annexure A-5 of the Appeal.
Learned counsel for the Appellant submits that on the day when the order was passed no one can be connected on behalf of the Appellant and the Adjudicating Authority has directed for taking steps for filing of prosecution under appropriate section under Chapter VII of the I&B Code. It is submitted that neither the Reply has been considered nor the Appellant can appear on the date fixed.
Learned counsel for the Liquidator submits that the Adjudicating Authority was apprised of the fact that reply has been filed by the Appellant.
Be that as it may. Perusal of the order shows that the Adjudicating Authority has neither taken cognizance of the reply of the Appellant nor it has considered any of the pleas taken in the Reply. We are of the view that the ends of justice be served in remitting back the matter again to the Adjudicating Authority to decide CA No. 1554/2019 afresh after hearing both the parties. In result, we set aside the order dated 31.03.2022 in CA No. 1554/2019. The CA is revived before the Adjudicating Authority to be considered afresh in accordance with law. With these observations, Appeal is disposed of.