I. Case Reference
| Case Citation | : | (2022) ibclaw.in 381 NCLAT |
| Case Name | : | Gayatri Infra Planners Pvt. Ltd. Vs. Amit Joshi & Ors. |
| Corporate Debtor | : | M/s Gayatri Infra Planners Pvt. Ltd |
| Appeal No. | : | Company Appeal (AT) (Insolvency) No. 495 of 2022 |
| Judgment Date | : | 04-May-22 |
| Court/Bench | : | NCLAT New Delhi |
| Present for Appellant(s) | : | Mr. Gaurav Mitra, Mr. Vineet Kumar, Advocates |
| Present for Respondent(s) | : | Ms. Pooja M Saigal, Simrat Singh Pasay, Chaitanya Pandey, Advocates for R-1 to R-5. |
| Chairperson | : | Mr. Justice Ashok Bhushan |
| Member (Technical) | : | Ms. Shreesha Merla |
II. Full text of the judgment
O R D E R
(Virtual Mode)
04.05.2022: Heard Learned Counsel for the Appellant and Learned Counsel for the Respondent.
2. This Appeal has been filed against the Order dated 11th April, 2022 passed by the Adjudicating Authority in I.A. No. 1074 of 2022. This I.A. was filed on behalf of the Corporate Debtor stating that certain documents in the Petition are not legible and they could not file Reply. The Adjudicating Authority held that the Corporate Debtor is unduly prolonging the proceeding by taking unnecessary adjournments hence the Application was rejected and ‘right to file Reply’ was closed.
3. Learned Counsel for the Appellant submits that even if the Application i.e. I.A. No. 1074 of 2022 was rejected, the Adjudicating Authority ought to have given liberty to file Reply by imposing certain cost on the Corporate Debtor but ‘right to file Reply’ ought not to have been closed.
4. Learned Counsel for the Respondent submits that the Appellant has not annexed all relevant orders passed by the Adjudicating Authority which indicate that Corporate Debtor has been taking unnecessary adjournments hence the Adjudicating Authority has rightly exercising jurisdiction closed the ‘right to file Reply’.
5. After having heard Learned Counsel for the parties and perusing the record, we are satisfied that no valid reasons have been given by the Adjudicating Authority for rejecting the I.A. No. 1074 of 2022 hence we do not find any ground to interfere in the Order rejecting I.A. No. 1074 of 2022 however we are of the view that as a last opportunity a short time ought to have been given to the Corporate Debtor to file Reply. We thus are of the view that one-week further time be allowed to the Corporate Debtor/Appellant to file its Reply-Affidavit before the Adjudicating Authority subject to payment of cost of Rs. 10,000/- which be paid to the Respondent alongwith filing of the Reply-Affidavit.
With the aforesaid, this Appeal is disposed.
[Justice Ashok Bhushan]
Chairperson
[Ms. Shreesha Merla]
Member (Technical)
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