Gayatri Infra Planners Pvt. Ltd vs Mr. Amit Joshi & Ors

IN THE MATTER OF: Gayatri Infra Planners Pvt. Ltd. ...Appellant

Versus Amit Joshi & Ors. ...Respondents

Present: For Appellant: Mr. Gaurav Mitra, Mr. Vineet Kumar, Advocates For Respondent: Ms. Pooja M Saigal, Simrat Singh Pasay, Chaitanya Pandey, Advocates for R-1 to R-5.

ORDER

(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 2

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)

Basant/nn

Company Appeal (AT) Ins. No. 495 of 2022