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Judgment
30.01.2025: Restoration Application No. 4 of 2025 – This application is for setting aside of the order dated 16.01.2025 whereby the present appeal was dismissed for non-prosecution.
We have also heard the Applicant. It is informed to us by Ld. Counsel appearing for both sides that Company is admitted to CIRP vide order dated 21.10.2024 in a petition filed by some other Creditor.
It is the submission let this appeal be restored and then be disposed of with a liberty to Appellant to revive it in case the CIRP vide order dated 21.10.2024 is set aside by the Appellate Authority.
Learned Counsel for Respondent appears for an advance notice has no objection if the application is disposed of in the manner stated above.
In view of the above, the application for reasons mentioned therein stands allowed and order dated 16.1.2025 so far it relates to dismissal of the appeal for non-prosecution is set aside and that Company Appeal (AT) (Insolvency) No. 1720 of 2024 is restored to its original number.
Considering the fact the Company has already been admitted CIRP vide order dated 21.10.2024, the appeal is disposed of with a liberty to the Appellant to revive the appeal in case the order dated 21.10.2024 admitting the CIRP is set aside by the Appellate Forum. The appeal stands disposed of. All the pending applications, if any, are also disposed of.