9911796707
TMI Blog2021 (4) TMI 1073X X X X Extracts X X X X X X X X Extracts X X X X ..... it and proper. 2. In the Application it is averred that the Applicant was formerly known as M/s. Maheswari Brothers Coal Private Limited. It is further averred that the Applicant had filed a Petition under Section 9 of Insolvency & Bankruptcy Code, 2016 (IBC, 2016) and that the same was numbered as CP/661/(IB)/CB/2018. 3. It is also averred that on 05.06.2018 upon hearing the submissions of the parties vide order passed by this Tribunal on the same date had injuncted the Respondent restraining from alienating, disposing, selling and encumbering the assets of the Corporate Debtor until disposal of the main Application. 4. Subsequently it is stated that the parties have exchanged a proposal to settle the issues amicably between themselves ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Applicant had not appeared before this Tribunal on two occasions, in the circumstances, the case was dismissed for default on 08.10.2018. 9. Taking into consideration the above circumstances, this Application has been filed and Learned Counsel for the Applicant was heard. Learned Counsel for the Applicant repeatedly insists that on the fault of the erstwhile Counsel, the Applicant should not be penalised as the non appearance of the erstwhile Counsel for the Applicant had made this Tribunal to dismiss the Petition for default. 10. Learned Counsel for the Applicant also projected that there had been a genuine confusion and as much as on 02.11.2018 matter seems to have been listed before this Tribunal and orders have been uploaded in the we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the length of delay, but sufficiency of a satisfactory explanation. 13. While considering the submissions made by Learned Counsel for the Applicant in relation to the Application and from the averments contained in the Application, as well as submissions made during the course of the hearing of this Application by Learned counsel for the Applicant, it is seen that the Applicant was genuinely misled in view of non appearance of the representative of the Applicant before this Tribunal which had left to the dismissal of the Application for this cause. The same has also been compounded further by the uploading of an order on 02.11.2018 which has been as rightly pointed out by Learned Counsel for the Applicant had misled the Applicant as if the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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