Nava Healthcare Private Limited vs Indore Cfa Solution
- CitationCompany Appeal (AT) (Ins.) No. 750 of 2022
Ratio decidendi
The rule this decision rests on
Where the record shows that the corporate debtor's reply was filed before the impugned order was passed, the adjudicating authority's order closing the right to file that reply, passed without regard to the already-filed reply, cannot stand, and the reply so filed must be taken into consideration in further proceedings.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Nava Healthcare Pvt. Ltd. ....Appellant Vs. Indore CFA Solutions ....Respondent
Present:
For Appellant: Rajni Prakash and Ms. Shubhangda Singh, Advocates
Respondents: None
ORDER
05.08.2022: Affidavit of service filed. None appeared for Respondent.
This appeal has been filed against the order dated 11.05.2022 by which
order the Adjudicating Authority has closed the right to file the reply of the
Respondent(Applicant) herein. It is observed in the order that on 22.03.2022,
the Corporate Debtor was given the opportunity to file the reply but the reply
has not been filed.
2. Learned Counsel for the Appellant submits that the reply was filed on
29.03.2022 but there was some defect which could be cured and reply was re
filed on 10.05.2022.
3. The Annexure 5 of the appeal is the copy of the screenshot of DMS which
indicate that the reply was filed on 10.05.2022. The impugned order was passed
on 11.05.2022 by which date, the reply was already filed. Company Appeal (AT) (Ins.) No. 750 of 2022 1
4. We, thus, are of the view that the reply of the Appellant filed on
10.05.2022 may be taken into consideration while proceeding further in
the matter. In result, the order dated 11.05.2022 is set aside. The appeal
is allowed.
[Justice Ashok Bhushan] Chairperson
[Justice M.Satyanarayana Murthy] Member (Judicial)
[Mr. Barun Mitra] Member (Technical)
Shashi/nn
Company Appeal (AT) (Ins.) No. 750 of 2022 2
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