Kkspun India Limited vs Relineeurope Gmbh

IN THE MATTER OF: KKSPUN India Limited ...Appellant

Versus Relineeurope GmbH ...Respondent Present: For Appellant: Mr. Kartik Malhotra, Advocate For Respondent: D. Bhanacharyya, Advocate

ORDER

24.03.2023: Heard Learned Counsel for the Appellant and Learned

Counsel for the Respondent.

2. This Appeal has been filed against the Order dated 09.03.2023 by which

Order the Adjudicating Authority has dismissed I.A./1354/ND/2023 filed by the

Appellant to recall the Order dated 23.09.2022. By Order dated 23.09.2022, the

Corporate Debtor was directed to file Reply within 10 days subject to payment of

Rs. 10,000/-.

3. The Appellant's case is that cost was paid on 07.11.2022 however the

Reply were filed on 15.11.2022 only and the Application has been rejected by the

Adjudicating Authority. It is submitted that the matter was listed on 23.03.2023

and next date fixed is now 17th April, 2023.

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4. Learned Counsel for the Respondent submits that Appellant having not

complied the order, his Reply could not be taken on record. He submits that

although cost was paid but Reply was not filed within time allowed by the Court.

5. We have considered the submissions of Learned Counsel for the parties

and have perused the record.

6. The facts indicate that Reply has been filed by the Appellant on 15.11.2022

that is the date before date was fixed 16.11.2022. In the interest of justice, we

are of the view that Reply which has been filed by the Appellant be taken on

record since the matter has not yet been heard and next date is 17th April, 2023.

We are also of the view that Respondent, if so desire, may file Rejoinder to the

Reply so that matter may be heard.

With these observations, the Appeal is disposed of.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

Basant/nn

Company Appeal (AT) Ins. No. 358 of 2023