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TMI Blog2017 (3) TMI 1702X X X X Extracts X X X X X X X X Extracts X X X X ..... oration, holds that restoration of a petition dismissed for default is against the letter and spirit of the Code, hence this application is hereby dismissed. The Petitioner is always at liberty to opt for other remedies available in accordance with the law. It is a restoration application filed in a Writ Petition, should I & B Petition dismissed for default be restored when law says I & B petition should be heard and pass orders within 14 days by admitting or dismissing it. I & B petition shall be brought to logical end in 14 days, unless and until it is extended by this Bench for the reasons mentioned therein. Once the proceeding is initiated under any of the three Sections of the Code mentioned above, it has to be completed within 14 d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecall and Restoration Application on 24.2.2017 stating that at the time of filing Company Petition the Court Clerk orally informed the concerned Advocate Clerk that date of hearing would be informed as soon as posted for hearing. The Applicant/petitioner further states that when the said Clerk made inquiries about the status of the above Company Petition, the Court Clerk used to repeat the same saying it would be informed to him. 4. The Applicant says that the Advocate appearing on behalf of the Applicant was shocked by seeing the letter dated 8.2.2017 from this Tribunal and the order dated 19.1.2017 dismissing the Company Petition on 19.1.2017. 5. The Applicant submits that the Advocate Clerk was diligently following up with this Tri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Tribunal and the Appellate Tribunal being governed by Sec. 424 and Rules prescribed thereto, dismissal of this CP has to be construed as dismissal u/r. 48(1) of NCLT Rules and when this dismissal falls u/r. 48(1) of the NCLT Rules, then it has to be construed that this Application filed for Restoration of the IB petition will obviously be governed by Rule 48(2) devised for Restoration of the petition dismissed for default. 7. The Applicant Counsel further submits that procedural law is always supplemental to substantive law, thereby if at all any Application is dismissed for default and when sufficient cause has been shown for restoration, then it shall be restored if it is filed within 30 days from the date of the dismissal order, s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng further submissions in relation to this case. That adjournment is also hardly for one or two days because this Code mandates this Bench to pass orders under sections 7, 9 and 10 of the Code within 14 days from the date of filing of filing the Petition. 10. This Bench also makes it clear that when matter showing up in the cause list reflecting on the Website of NCLT, it has to be considered as a judicial notice to the parties to appear before this Bench on the date the matter is listed, here, for the sake of convenience of the Applicant, though the party remained absent on 18.1.2017, this Bench posted this matter to the following day hoping that the Applicant would appear on the following day, but on the following day also, the Applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... procedure always being subservient to the substantive law, as quoted by the Applicant Counsel, this Bench has to go by the Sections of Law rather than the procedural Rules mentioned under Rule 48(2) of NCLT Rules. 12. Once Company Petition is filed under any of the provisions namely Sections 7 to 10 of the I B Code, the parties and the Advocates appearing on behalf of the parties must be diligent to appear on the dates given and it is not possible for any Court to inform the parties about the date of hearings. Since Cause-List has been timely uploaded, it is the duty of the parties filing cases to find out as to whether their matters are listed in the cause list or not. 13. This Bench, notwithstanding the cause shown in the Applicat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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