ORDER

(Hybrid Mode) 15.03.2024: Heard learned counsel for the Appellant. This Appeal has been filed against order dated 18.01.2024 passed by the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench by which order the Adjudicating Authority has permitted the rejoinder to be taken on record subject to payment of cost of Rs.10,000/-.

2. Learned counsel for the Appellant challenging the order contends that the said rejoinder was taken on record after conclusion of the hearing of the Financial Creditor. It is submitted that the Adjudicating Authority ought not have been taken on record the rejoinder since no liberty was earlier sought for filing of rejoinder. It is submitted that after completion of hearing rejoinder ought not to have been filed.

Company Appeal (AT) (Insolvency) No.476 of 2024

3. We have considered the submissions of learned counsel for the Appellant and perused the record.

4. The Adjudicating Authority in Para 11 of the order impugned observed following:

“11. No doubt, the rejoinder, if any, normally was required to be filed before the commencement of arguments, however, keeping in view the facts and circumstances as explained in para 3 of th