AI Structured Summary
Not yet generated for this judgment
Judgment
O R D E R
03.07.2024: This Appeal has been filed against order dated 21.03.2024 by which Restoration Application A-30/0024 filed by the Liquidator has been dismissed. In the Voluntary Liquidation Proceeding, the Adjudicating Authority passed an order on 17.10.2023 directing the Liquidator to file the ROC Report along with Affidavit and Form H. The matter was listed before the Adjudicating Authority on 17.01.2024, on which date, the Adjudicating Authority passed following order:
“ORDER
None appears for the Applicant despite repeated calls. Further, the Applicant has not complied with the order dated 17.10.2023, despite two opportunities being granted on 06.12.2023 and 20.12.2023. Therefore, this application is dismissed for non-prosecution.”
Application for restoration was filed by the Liquidator praying for restoration. In the application, one of the grounds taken was that the Counsel for the Liquidator informed the Liquidator that he is not well and is admitted in ICU and asked the Liquidator to take a date. It was further stated that the Liquidator tried to attend the hearing through virtual mode, however due to technical issue voice of the Liquidator could not reach and due to non-prosecution the application was rejected. It was further stated that along with the Restoration Application a copy of ROC Report was also brought on the record. The Adjudicating Authority rejected the Restoration Application by order dated 21.03.2024, where following was observed:
“ORDER
RA-30/2024
This application has been filed with the following prayers:-
"a)Restore the Company Petition (IB) NO. 743/ND/2022; and
b)Pass any such orders that this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."
Ld. Counsel appears for the Liquidator. Mr. Sourabh Modi Liquidator is also present in person VC. We find that the order dated 17.10.2023 has no of yet been complied with and Form-H and the RoC report have not been placed on record. Ld. Counsel appearing for the Liquidator as well as the Liquidator are not in a position to make any statement in this regard. We are not satisfied with the reasons given in the application seeking (IB)743(ND)/2022. restoration of Company Petition RA is dismissed.”
Learned counsel for the Appellant submits that the ROC Report was already filed as part of the Restoration Application and counsel for the Liquidator was admitted in the ICU and could not be heard, these facts were already pleaded in the Restoration Application which were not looked into by the Adjudicating Authority.
After hearing learned counsel for the Appellant, we are satisfied that grounds were made to allow the application filed to recall order dated 17.01.2024 dismissing the application for non-prosecution. In result, we set aside order dated 21.03.2024 and Restoration Application A-30/A is allowed. The proceedings are revived before the Adjudicating Authority to be proceeded in accordance with law. Appeal is disposed of.