Mitesh Anilkumar Agarwal & Ors vs Rajeev Dhingra

Mitesh Anilkumar Agarwal & Ors. ....Appellants Vs. Rajeev Dhingra ...Respondent Resolution Professional of Radha Madhav Corporation Ltd. For Appellants Mr. Kunal Godhwani, Advocate. For Respondent Mr. Kanishk Khetan, Advocate.

ORDER

(HYBRID MODE)

22.11.2023: Heard Learned Counsel for the parties.

2. This Appeal has been filed against the order dated 08.09.2023 passed

by the Adjudicating Authority (National Company Law Tribunal), Ahmedabad,

Division Bench, Court-1, by which order IA No.985(AHM)2023 filed by the

Appellant has been rejected. In the CIRP, IA No. 876 of 2023 was filed by the

Resolution Professional for avoidance of certain transactions which

application proceeded ex-parte against the Appellant by order dated

07.12.2022. Appellant filed an application to recall the order dated 07.12.2022

along with the application.

3. Learned Counsel for the Appellant submits that he has also filed reply

to the application, but the application has been rejected and reply has not 2

been taken. It is submitted that now the avoidance application is fixed for

29.11.2023.

4. Learned Counsel for the Respondent does not dispute that avoidance

application is fixed for 29.11.2023 and the reply was filed along with the

application.

5. In the ends of justice, we are of the view that the reply which has already

been filed by the Appellant along with the application shall be taken on record

and treated as reply to the avoidance application and the Adjudicating

Authority may proceed to consider the avoidance application along with the

reply filed by the Appellant.

6. With these observations, we dispose of the Appeal.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

Anjali/nn

Company Appeal (AT) (Insolvency) No. 1487 of 2023