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Judgment
09.08.2024: This appeal is filed against an impugned order dated 15.12.2022 whereby the Comp. Appeal No. 148/2020 was dismissed by the Ld. NCLT on the ground the Ld. Counsel for the Appellant was not serious in prosecuting the matter.
Learned Counsel Mr. Navneet Thakran, Advocate for Appellant is present before us. He submits earlier the matter was being dealt with by Mr. Arun Khatri, Advocate but on 22.09.2022 they were appointed as Counsels to pursue the Comp. Appeal No. 148/2020 (Supra) and an adjournment was sought on the said date, as recorded by the Ld. NCLT on 22.09.2022.
The Learned Counsel for Appellant has submitted a letter before the Registry for grant of a security code for filing a Vakalatnama wherein they were informed they have to get NOC from earlier Counsel. On 10.11.2022 they got NOC from Mr. Arun Khatri, Advocate, the earlier Counsel and it is annexed as Annexure A-27 to the appeal. Thereafter the Registry again called upon them to obtain NOC from the very first Counsel i.e. Mr. Suchinto Chatterji, Advocate.
It is alleged they were making efforts but in the meanwhile on 15.12.2022, the matter came up before the Ld. NCLT when it was dismissed on the ground the Appellant is not serious in prosecuting the matter. It is alleged right from 22.09.2022 till 15.12.2022 they were seriously prosecuting the matter and since were directed by the registry to obtain NOC they were acting as per directions.
We are satisfied with the explanation given by the Ld. Counsel and have perused the record. Have also heard the Respondent. Thus, in the facts stated above, we set aside the impugned order dated 15.12.2022 and allow this Appeal.
The matter be listed before the Ld. NCLT on 03.09.2024 for further proceedings. Applications, if any, are also disposed of.