1. These three Appeals have been filed against the different orders passed by NCLT, New Delhi in CP (IB) 2399(ND)/2019. Company Appeal (AT) (Ins.) No. 1108 of 2023 has been filed against the order dated 13.06.2023 by which the Adjudicating Authority passed following order:
“ORDER
New Rest.A.-105/2023:-
We are not satisfied with the reasons given in this application seeking recall of the order dated 31.05.2023.
Accordingly, the present application is dismissed.
IB-2399(ND)/2019:-
List the main matter on 19.07.2023 for final arguments.
Matter heard in part.”
2. Company Appeal (AT) (Ins.) No. 1109 of 2023 has been filed against the order dated 09.06.2023 by which order the Adjudicating Authority passed an order on I.A. No. 5244/2021 as well as in CP 2399/2019, order is as follows:
“ORDER
IA-5244/2021:-
We have heard the submissions made by the Learned Counsel appearing for the Operational Creditor. We have also heard the submissions made by the Learned Counsel appearing for the Corporate Debtor in part.
List the matter on 13.06.2023 for further arguments on behalf of the Corporate Debtor.
Matter heard in part.”
3. Company Appeal (AT) (Ins.) No. 1110 of 2023 has been filed against order dated 31.05.2023 by which order the Adjudicating Authority rejected I.A. No. 5244/2021 for non-prosecution. Restoration Application I.A. No. 105/2023 was filed to recall order dated 31.05.2023, which too has been rejected on 13.06.2023. Following order was passed on 31.05.2023:
“ORDER
IA-5244/2021:-
None appears for the Applicant despite repeated calls.
IA dismissed for non-prosecution.
List the main matter on 09.06.2023 for arguments.”
4. Learned counsel for the Appellant submits that on 31.05.2023 due to some difficulties Appellant could not be heard although she was connected virtually. It is submitted that I.A. No. 5244/2021 was the I.A. by which the Appellant wanted to bring on record an affidavit of the Chartered Accountant, by which Applicant has prayed to take on record the Additional Affidavit on behalf of the Corporate Debtor. In the application following prayers were made:
“PRAYER
It is therefore, most respectfully prayed that this Hon'ble Tribunal may be pleased to:
a) Allow the present Application and take on record the Additional Affidavit on behalf of the Corporate Debtor.
b) Pass any other order(s) that this Hon'ble Tribunal deems fit and proper in the facts and circumstances of the present case and the interest of justice.”
5. The Additional Affidavit of the Corporate Debtor was filed through Director, Mr. Rajeev Saumitra which is part of the record alongwith which an another affidavit of Brijesh Verma dated 10.11.2021 has also been brought on the record.
6. Learned counsel for the Respondent submits that the application under Section 9 was filed in 2019 and it is pending consideration and Adjudicating Authority has already heard the Corporate Debtor and the Operational Creditor in part and matter was listed for further arguments. It is submitted that no error has been committed by the Adjudicating Authority in passing order dated 31.05.2023, 09.06.2023 and 13.06.2023.
7. We have considered the submissions of learned counsel for the parties and perused the record.
8. The application I.A. No. 5244 of 2021 was an application praying for Additional Affidavit filed alongwith the application to be taken on record. The Adjudicating Authority having already heard the parties on the main petition, we are of the view that ends of justice be served in directing the Additional Affidavit be taken on record so that no further delay is caused in final disposal of the application.
9. We make it clear that we have not expressed any opinion on the merits of the worth of the Additional Affidavit which is filed by the Corporate Debtor and it is for the Adjudicating Authority to consider and pronounce order on main petition after hearing the parties, which is already part heard. Reply to the Additional Affidavit which has been filed by learned counsel for the Respondent be also taken on record and be looked into by the Adjudicating Authority. We dispose of all these Appeals with limited directions as above.
