Millennium Education Foundation vs Educomp Infrastructure & School ...

Millennium Education Foundation ....Appellant Vs.

Educomp Infrastructure & School Management Ltd. & ...Respondents Anr. For Appellant: Appeared but presence not marked. For Respondents:

ORDER

03.08.2022: Heard Learned Counsel for the Appellant.

2. This Appeal has been filed against the order dated 03.06.2022 passed

by the Adjudicating Authority (National Company Law Tribunal), Bench-V,

New Delhi, by which order the Adjudicating Authority has issued notice to the

Appellant, the Corporate Debtor to file a Reply.

3. Learned Counsel for the Appellant submits that the issue as to whether

Chairman of the Monitoring Committee is competent to initiate proceeding

under Section 9 of the IBC need to be addressed by the Corporate Debtor in

its Reply and since the order dated 03.06.2022 was passed without any notice

to the Appellant the same shall not come in the way when issue is adjudicated.

4. We are of the view that since the order dated 03.06.2022 was passed

when the Appellant was not before the Adjudicating Authority, it shall be open

for the Appellant to take such plea regarding maintainability of the Application 2

in the Reply as advised and the order dated 03.06.2022 shall not come in the

way of the Appellant when the issues are decided by the Adjudicating

Authority.

5. Learned Counsel for the Appellant prays for seven days' time to file a

Reply. Let a Reply be filed by the Appellant within seven days from today.

6. With these observations, the Appeal is disposed of.

[Justice Ashok Bhushan] Chairperson

[Justice M. Satyanarayana Murthy] Member (Judicial)

[Barun Mitra] Member (Technical) Anjali/nn

Comp. App. (AT) (Ins.) No. 901 of 2022