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Judgment
(Hybrid Mode)
28.07.2026 This Appeal is filed against an impugned order dated 07/07/2026 passed in CP (I.B.) No. 436/ND/2025. It is submitted by the Ld. Counsel for Appellant petition under Section 9 of the IBC was filed and prior to the Notice being issued, the matter was dismissed for non-Prosecution on 07/07/2026. It is submitted by order dated 13/05/2026 the Appellant was required to deposit the cost within seven days from that day and there was a slight delay in depositing such cost, but despite the fact they have shown the receipt of deposit to the Ld. NCLT, since the receipt of deposit was not being reflected on the DMS Portal, the petition was dismissed for non-Prosecution.
We have heard the arguments. No notice is required to be served upon the Respondent in this case since petition under Section 9 has not been admitted as yet.
Considering the fact the cost has since been deposited, though slightly with delay, we take a lenient view in the matter and set aside the impugned order dated 07/07/2026 with a direction to the Appellant to be present on each and every date before the Ld. NCLT and not to take any adjournment. In view of the above, the Appeal stands allowed to the above extent. The pending Applications, if any, are also to be disposed of.
[Justice Yogesh Khanna] The Officiating Chairperson [Barun Mitra] Member (Technical) [Ajai Das Mehrotra] Member (Technical)
Prerana/md
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