Tribunals and CommissionsDivision Bench

Bachhuka Trading Private Limited vs Purulia Metal Casting Private Limited

National Company Law Tribunal · Decided on 1 February 2022 · Citation: (2022) 02 NCLT CK 0007

HON’BLE JUDGES
Rohit Kapoor, Member J · Harish Chander Suri, Member, T
ACTS & SECTIONS REFERRED
Insolvency and Bankruptcy Code, 2016 — Section 9
RESULT
Disposed Of
CASE NUMBER
C.P. (IB)/616(KB)2020 RST.A (IBC)/16(KB)2021
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Judgment

12 paragraphs · 237 words
1.

Ld. Counsel for the applicant/Operational Creditor in RST.A(IBC)/16(KB)2021 present. Ld. Counsel for the respondent/Corporate Debtor present.

2.

RST.A(IBC)/16(KB)2021 â€" This restoration application has been filed by the applicant/Operational Creditor for restoration of

CP(IB)/616(KB)2020. It is submitted by the Ld. Counsel appearing for the applicant/Operational Creditor that on the last hearing due to some

technical glitches, the Ld. Counsel for the Operational Creditor could not appear. In the order dated 23/09/2021, it was mentioned that the Operational

Creditor did not appear on 26/02/2020 and 28/07/2021. There is apparent mistake inadvertently in the order dated 23/09/2021. It appears from the

records that one Mr. Rakesh Agarwal, PCS had appeared for the Operational Creditor on 26/02/2020 and 28/07/2021. The order dated 23/09/2021 is

corrected to that extent only. There is no appearance on behalf of the Operational Creditor on the last date of hearing, may be due to technical

glitches. Be that as it may, we restore the CP to its original file. IA stands disposed of accordingly.

3.

Ld. Counsel appearing for the Corporate Debtor seeks time to file reply affidavit. Let reply affidavit be filed as prayed for within two weeks. Copy

of the reply affidavit shall be served on the Ld. Counsel-on-Record for the Operational Creditor. Rejoinder, if any, shall be filed within two weeks

thereafter. Copy of rejoinder shall be served on the Ld. Counsel-on-Record for the Corporate Debtor.

4.

List the matter on 16/03/2022.