Ligare Aviation Ltd vs Religare Enterprises Ltd

Ligare Aviation Ltd. ....Appellant Vs. Religare Enterprises Ltd. ...Respondent For Appellant: Ms. Haripriya Padmanabhan, Mr. Rahul Kriplani, Ms. Suhasini Sen, Ms. Rea Bhalla, Ms. Sarshi Singh, Ms. Tanya Srivastava, Advocates.

For Respondent: Mr. Krishnendu Datta, Senior Advocate with Mr. Sandeep Das, Mr. Siddharth Sharma, Ms. Aishwarya Singh, Advocates.

ORDER

(Through Virtual Mode)

06.05.2022: Heard Counsel for the Appellant as well as Learned Counsel

for the Respondent.

2. This Appeal has been filed against the order dated 11.04.2022 passed

by the Adjudicating Authority (National Company Law Tribunal), New Delhi,

Special Bench, by which order the Adjudicating Authority has closed the right

to file reply of the Respondent who are Appellant before us.

3. In the present case, on 10.01.2020, notices were issued and 14 days'

time was given to file reply. On 01.02.2020, Application filed by the Financial

Creditor to amend Section 7 Application was allowed and two weeks' time was

allowed to file reply. 09.03.2021 was next date fixed on which date case was 2

adjourned to 11.04.2022. Before that, on 08.04.2022, Application was filed

by the Appellant giving reason for seeking further time to file a reply. However,

on 11.04.2022, when the case came for consideration, Application was not

listed and the Adjudicating Authority closed the time for filing reply.

Observation was made by the Adjudicating Authority that three adjournments

have been given but reply has not been filed.

4. From perusal of the record, it does not appear that three adjournments

were given to the Appellant for filing the reply. More so, when Application was

filed on 08.04.2022 seeking time to file reply and by impugned order dated

11.04.2022 next date fixed was 10.05.2022, a short time could have been

allowed to the Respondent (Appellant before us) to file a reply.

5. Learned Counsel for the Appellant submits that reply is already ready

and it can be filed before the Adjudicating Authority by tomorrow i.e. on

07.05.2022.

6. In view of the aforesaid, we dispose of this Appeal giving liberty to the

Appellant to file reply before the Adjudicating Authority by tomorrow i.e. on

07.05.2022 after serving an advance copy on the counsel appearing for the

Respondent so that the Reply may be available before the Adjudicating

Authority when the matter comes before the Adjudicating Authority on

10.05.2022.

Comp. App. (AT) (Ins.) No. 508 of 2022 3

7. In the peculiar facts of the present case, we give one opportunity to the

Appellant to file its reply which reply be filed by tomorrow i.e on 07.05.2022.

[Justice Ashok Bhushan] Chairperson

[Shreesha Merla] Member (Technical)

Anjali/nn

Comp. App. (AT) (Ins.) No. 508 of 2022