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Judgment
O R D E R
This is an application for seeking exemption from filing legible copies of dim annexures. Seeks time. IA is allowed subject to filing of legible copies of dim annexures accompanying the present appeal within two weeks from today.
I.A. No. 7950-7951 of 2024
This is an application for condonation of 35 days’ delay in filing the appeal. The delay is within the extended period of 45 days’ and the reasons for delay are mentioned in the application itself. We have also heard Ld. Counsel for the Respondent.
Considering the submissions made in the application, the delay stands condoned.
CA (AT) No. 372 & 373 of 2024
This appeal is against an impugned order dated 22.07.2024 as well as an order dated 27.08.2024. The order dated 22.07.2024 read as under:
“None appears for the Applicant.On 17.07.2024, also no one had appeared on behalf of the Applicant. Ms. Srishti Ramchandani, Ld. Counsel appearing for the Respondents submitted that the matter involving the same issue is pending before the Hon’ble High Court of Delhi. 119(ND)/17 dismissed for non-prosecution as well as in the light of the submissions made by the Ld. Counsel appearing for the Respondents”.
Against this order an application for restoration of Company Petition No. 119(ND)/2017 was filed but it was also dismissed as under:
R.A. – 30/24
This application has been filed seeking to restore Company Petition 119(ND)12017 which was dismissed for non-prosecution on 22.07.2024. The order dated 22.07.2024 as well as 17.07.2023 passed by this Adjudicating Authority in this matter are reproduced below for the sake of convenience: -
On 22.07.2024
“None appears for the Applicant.On 17.07.2024, also no one had appeared on behalf of the Applicant. Ms. Srishti Ramchandani, Ld. Counsel appearing for the Respondents submitted that the matter involving the same issue is pending before the Hon’ble High Court of Delhi. 119(ND)/17 dismissed for non-prosecution as well as in the light of the submissions made by the Ld. Counsel appearing for the Respondents”.
On 17.07.2023
“None appears for the Applicant. Ld. Counsel appearing for the Respondent submitted that matters involving the same issues are pending before the Hon’ble High Court of Delhi and therefore, sought adjournment. List the matter on 25.09.2023”. We are not satisfied with the reason given by the Applicant for restoring the matter, since the matter is being before the Hon’ble Delhi High Court. R.A.-30/2024 dismissed”.
It is the submission of the Ld. Sr. Counsel for the Appellant that though the impugned order dated 22.07.2024 notes the appellant did not appear on 17.07.2024 (Correct date is 17.07.2023) but the Ld. NCLT did record that between 17.07.2023 to 22.07.2024, the appellant had appeared thrice before the Ld. NCLT i.e. on 04.12.2023, 22.01.2024 and 04.03.2024 when due to paucity of time, the matter could not reach. We have perused all such orders, annexed along with the appeal at pages no. 266 to 268.
If one peruse the impugned orders it appears nothing much was going on in the present matter before the Ld. NCLT as the matter involving similar issues was pending before the High Court of Delhi. We find it mentioned in impugned order dated 22.07.2024. This fact is also admitted by the Ld. Counsel for the Respondent that the dates were being given by the Ld. NCLT as the matter involving similar issues was pending before the High Court of Delhi and parties were awaiting its orders.
Considering the fact the appellant has been appearing on various dates prior to 22.07.2024 and even on 22.07.2024, as alleged the appellant tried to appear through VC but only due to technical issues, the appellant could not appear and record his presence, thus, in the interest of justice, both the impugned orders dated 22.07.2024 and dated 27.08.2024 are set aside, subject to the Cost of Rs. 20,000/- to be paid by the appellant to the Respondent within four weeks.
The Company Petition No. 119(ND)/2017 is thus restored to its original number Pending applications, if any are also disposed of.
Parties to appear before the Ld. NCLT on 02.01.2025.