Tribunals and CommissionsDivision Bench(2021) 09 NCLAT CK 0077

Prakash Asphalting & Toll Highways (India) Ltd. vs Oriental Bank of Commerce (Now Punjab National Bank) & Anr

National Company Law Appellate Tribunal · Decided on 23 September 2021

HON’BLE JUDGES
Jarat Kumar Jain, Member (J) · Dr. Alok Srivastava, Member (T)
RESULT
Allowed
CASE NUMBER
Restoration Application No. 03 of 2021 In Company Appeal (AT) (Ins) No. 226 of 2021

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Judgment

7 paragraphs · 198 words

Heard Ld. Sr. Counsel for the Applicant on Restoration Application (RA) No. 03 of 2021. He submits that the Applicant has filed the Appeal i.e. CA (AT) (Ins) No. 226 of 2021 against the findings of the Adjudicating Authority. However, vide order dated 24.03.2021 the Appeal was withdrawn with the liberty to agitate the matter as and when cause arises.

After passing such order, the Respondents have filed the Appeals CA (AT) (Ins) No. 184 of 2021 and 207 of 2021 challenging the dismissal of Application under Section 7 of the IBC. Therefore, the Applicant has filed this Application for restoration of Appeal No. 226 of 2021.

We have considered the submissions. The Application for restoration No. 03 of 2021 is allowed and Appeal CA (AT) (Ins) No. 226 of 2021 is restored to its original number.

Ld. Counsel appearing on behalf of the Respondent No. 1 & 2 accepts notice.

Ld. Counsel for the Respondent may file Reply Affidavit within a week.

Rejoinder, if any, may be filed within one week thereafter.

Let the matter be fixed alongwith CA (AT) (Ins) No. 184 of 2021 and 207 of 2021 'For Admission (After Notice)' on 01st October, 2021.