ORDER

19.01.2023: Heard learned Counsel for the Appellant as well as the Respondent.

2. This appeal has been filed against the order dated 29.03.2022 passed by the Adjudicating Authority in I.A. No. 26 of 2020. By the said order the Adjudicating Authority has allowed the application seeking condonation of 20 days’ delay in filing the petition under Section 9 of IBC.

3. This appeal has been filed on the ground that the Appellant did not get any opportunity to oppose the condonation of delay since the notices were issued by the same order.

4. In the facts and circumstances of the case, we are of the view that since the Adjudicating Authority has issued notice by the order, it is open to the Appellant to take all objections in their reply. It is submitted that the Reply Affidavit has yet not been filed. We allow three weeks’ time to file Reply Affidavit as well as application for condonation of delay. The Adjudicating Authority while considering Section 9 Application shall consider all the objections of the appeal including the application for condonation of delay.

5. Let Reply Affidavit be filed within three weeks. Two weeks’ time is allowed to the Appellant to file Rejoinder. Adjudicating Authority shall proceed to decide Section 9 application in accordance with law.

With these observations, the appeal is disposed of. [Justice Ashok Bhushan] Chairperson [Mr. Barun Mitra] Member (Technical) akc/nn Company Appeal (AT)(Insolvency) No. 601 of 2022 Page 2 of 2