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2022 Supreme(SC) 1652

INDIRA BANERJEE, J. K. MAHESHWARI
Axis Bank Limited – Appellant
Versus
Vidarbha Industries Power Limited – Respondent


Advocates appeared:
Mr. K.V. Vishwanathan, Sr. Advocate, Mr. Sanjay Kapur, Advocate, Ms. Megha Karnwal, Advocate, Mr. Arjun Bhatia, Advocate, Mr. Rahul Sangwan, Advocate, Ms. Akhila Nambiar, Advocate, Ms. Akshata Joshi, Advocate, Ms. Shubhra Kapur, Advocate, Mr. Tushar Mehta, SG, Mr. Sanjay Kapur, Advocate, Ms. Megha Karnwal, Advocate, Mr. Arjun Bhatia, Advocate, Ms. Akshata Joshi, Advocate, Ms. Madhavi Divan, ASG, Mr. Vikas Mehta, Advocate, Ms. Apoorv Khator, Advocate, Mr. Jaideep gupta, Sr. Advocate, Mr. Venkatesh, Advocate, Ms. Kanika Chugh, Advocate, Mr. Nitin Saluja, Advocate, Mr. Suhael Buttan, Advocate, Mr. Vikas Maini, Advocate, Mr. Abhishek Nangia, Advocate, Mr. Kartikaj Trivedi, Advocate, Mr. Prateek Sakseria, Advocate, Ms. Simran Saluja, Advocate, Counsel for the appearing parties.

ORDER

1. This petition for review was listed for open Court hearing, since it was mentioned and submitted that this Court had overlooked the judgment of this Court in E.S. Krishnamurthy & Ors. vs. Bharath Hi-Tech Builders Pvt. Ltd. reported in (2022) 3 SCC 161, to which the attention of this Court had not been drawn. Our attention has been drawn to two paragraphs of the said judgment, which paragraphs are extracted hereinbelow for convenience.

'31. On a bare reading of the provision, it is clear that both, clauses (a) and (b) of sub-section (5) of Section 7, use the expression 'it may, by order' while referring to the power of the adjudicating authority. In clause (a) of sub- section (5), the adjudicating authority may, by order, admit the application or in clause (b) it may, by order, reject such an application. Thus, two courses of action are available to the adjudicating authority in a petition under Section 7. The adjudicating authority must either admit the application under clause (a) of sub-section (5) or it must reject the application under clause (b) of sub-section (5). The statute does not provide for the adjudicating authority to undertake any other action, but for the two

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