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2023 Supreme(Mad) 2829

SANJAY V. GANGAPURWALA, P. D. AUDIKESAVALU
Hackbridge Hewittic and Easun Ltd. , Chennai – Appellant
Versus
Registrar, National Company Law Tribunal, Chennai – Respondent


Advocates appeared:
For the Petitioner:Premkumar Pothina, H. Mohammed Farook, Advocates. For the Respondents:R2, M.G. Pranava Charan, Advocate.

JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records of the 1st respondent order passed on 24.07.2023 in IA (IBC)/1097 (CHE) 2023 filed by the petitioner company for condonation of delay of 14 days under Rule 11 of the NCLT Rules, 2016 filed on 31.05.2023 vide S.R.No.1277 dated 07.06.2023 and quash the same and consequently direct the National Company Law Tribunal (NCLT) Special Bench (Court-I), Chennai, the respondent No.1, to take on record the reply statement dated 31.05.2023 filed afresh by the petitioner company vide S.R.No.1277 dated 07.06.2023 as per the privilege given by the Hon''ble National Company Law Appellate Tribunal (NCLAT), Chennai Bench in Company Appeal (AT)(CH)(Ins) No.5/2021 and I.A.No.614/2021, while remanding the case IBA/1178/2019 back to the NCLT, Chennai, directed the Adjudicating Authority “.... to decide on the merits of the main petition, in a fair, just, in a dispassionate manner, by passing a speaking reasoned order (in qualitative and qunatitative terms) ...”.)

SANJAY V. GANGAPURWALA

1. We have heard Mr.Premkumar Pothina, learned counsel for the petition

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