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2023 Supreme(Online)(NCLAT) 2769

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Justice Ashok Bhushan (Chairperson) , Hon'ble Mr. Barun Mitra (Member (Technical)) ,
Mr. Rafat Ullah Khan Zuberi VS


ORDER

05.01.2023: This appeal has been filed against the order passed by the Adjudicating Authority [National Company Law Tribunal, New Delhi Bench (Court-II)] dated 03.11.2022 by which an application filed under Section 9 has been admitted. The Operational Creditor was directed to deposit amount of Rs. 2 lakhs with the IRP to meet the immediate expenses.

2. This appeal was filed challenging this order by the Suspended Director of the Corporate Debtor in which appeal following order was passed by this Tribunal on 11.11.2022 :- “Learned Counsel for the Appellant submits that the reply was filed to Section 9 Application where sufficient material was shown to proof that the payments have been made to the Operational Creditors as per the documents maintained by the Respondent of all goods accepted. It is submitted that on the date when hearing -2- Company Appeal (AT) (Ins.) No. 1354 of 2022 took place, Appellant could not connect due to technical glitch and could not participate in the hearing.

Submissions need scrutiny.

2. Issue Notice. Learned Counsel accepts notice on behalf of Respondent No.1. IRP is present and accepts notice. No further notice need be issued. Respondents may

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