Tribunals and CommissionsFull Bench(2024) 09 NCLAT CK 0021

Sandip Narendrakumar Patel (Promotor/ExDirector) Yours Ethnic Foods Pvt. Ltd. vs Svakarma Finance Pvt. Ltd. & Anr.

National Company Law Appellate Tribunal · Decided on 9 September 2024

HON’BLE JUDGES
Rakesh Kumar Jain,Member (T) · Naresh Salecha, Member (T) · Indevar Pandey, Member (T)
RESULT
Allowed
CASE NUMBER
Restoration Application No. 31 of 2024 in Comp. App. (AT) (Ins) No. 1419 of 2023

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Judgment

4 paragraphs · 219 words

09.09.2024: This application is filed under Rule 11 of the NCLAT Rules, 2016 for recalling of the order dated 29.08.2024 and restoring of the appeal to its original number. Notice in the application. Himanshu Kumar, Adv. accepts notice in court and submits that he does not want to file reply but opposed the application. After hearing Counsel for the parties and taking into consideration the averments made in the application supported by an affidavit, we are of the considered view that it is a fit case for allowing the application and recalling the order dated 29.08.2024. The application is thus allowed and the order dated

29.08.2024 is hereby recalled. The appeal is restored to its original number.

Comp. App. (AT) (Ins) No. 1419 of 2023

Counsel for Respondent has submitted that he is ready with the arguments. He has also pointed out that after obtaining interim order in this case, the appellant has been playing all tricks to not to argue the case and even once the cost has also been imposed for not filing the rejoinder, if any. He has thus requested that a short date may be given. Counsel for the Appellant has not raised any objection in this regard. Consequently, this appeal is ordered to be listed on 17th September, 2024 high up on the list.