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TMI Blog2023 (9) TMI 1386X X X X Extracts X X X X X X X X Extracts X X X X ..... ation of petition - condonation of delay in filing petition - non-prosecution of the case - HELD THAT:- There is no sufficient cause assigned by the Appellant for the purpose of allowing the present appeal. Without going into the merit of the case, it is observed that the Adjudicating Authority has rightly dismissed the petition for non-prosecution. Appeal dismissed. - [Justice Anant Bijay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for non-prosecution vide order dated 05.08.2023. The application has been filed on 21.02.2023 after the period of limitation provided under Rule 48(2) of NCLT Rules, 2016. This application has been accompanied with any terms of application seeking condonation of delay. The present application is therefore dismissed. 3. Ld. Counsel for the Appellant has submitted that the Authorized Rep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oached the Adjudicating Authority by filing a restoration application bearing Rest.A-47/2023. The Adjudicating Authority vide its impugned order dated 28.03.2023 has dismissed the said application on the ground of delay in filing of the Application for restoration. 4. On notice, ld. Counsel for the Respondent has appeared and opposed the appeal on similar pleas which has been recorded by the Ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or ensuring the appearance on behalf of the operational creditor on 11.01.2022 on the said date, the petition shall be dismissed in default of non-prosecution. 5. Ld. Counsel for the Respondent has referred the Judgment of Hon ble Supreme Court in the case of Esha Bhattacharjee Vs. Managing Committee of Raghunathpur Nafar Academy Ors. (2013) 12 SCC 649, it is held that the Condonation of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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