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K. Narayanasamy vs J.Karthiga

National Company Law Tribunal · Decided on 1 November 2021 · Citation: (2021) 11 NCLT CK 0011

HON’BLE JUDGES
R.Sucharitha, Member (J) · Anil Kumar B, Member (T)
ACTS & SECTIONS REFERRED
Insolvency and Bankruptcy Code, 2016 — Section 60(5)
RESULT
Allowed
CASE NUMBER
RST.A/2/2021 in CP/1006/2018
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Judgment

7 paragraphs · 409 words
1.

Under adjudication is an application filed by the suspended Director of M/s. GK Steel and Allied Industries Ltd. under Section 60(5) of the IBC, 2016 praying to set aside the order passed in I.A. Nos. 693 & 694 of 2020 and to restore the applications I.A. Nos. 693 & 694 of 2020 on the file of this Tribunal.

2.

The Learned Counsel for the Applicant submitted that the Applicant filed Applications in I.A. Nos 693 & 694 of 2020 before this Tribunal to direct the 1st Respondent to exclude the amount of interest claimed by the 2nd and 3rd Respondents towards the outstanding dues of the Corporate Debtor for the period of 01.06.1999 to 31.12.2016.

3.

The above applications were listed for hearing before this Tribunal on 16.10.2020 through video conferencing. The Learned Counsel for the Applicant submitted that he logged into video conferencing at 10.30 AM and was not allowed into the hearing session and on verification with the Registry, he was informed that the case was adjourned to 07.12.2020.

4.

Thereafter, on 07.12.2020, it was submitted that due to a technical glitch, the Learned Counsel for the Applicant was not admitted into the hearing session. Later on upon verifying from the Registry, the Learned Counsel for the Applicant found that the applications in I.A. Nos.693 & 694 of 2020 were dismissed by this Tribunal for non-prosecution. Hence, the present Application has been filed by the Applicant seeking restoration of I.A. Nos.693 & 694 of 2020 on the file of this Tribunal.

5.

The reason stated by the Applicant appears to be reasonable and plausible. Further this Tribunal is also satisfied that there was sufficient cause for the Petitioner for his non-appearance before this Tribunal on 07.12.2020. Hence this Tribunal is of the considered view that IA/693/IB/2020 and IA/694/IB/2020 should be restored back on file, subject to the payment of Rs. 10,000/- (Rupees Twenty Five Thousand only) by the Applicant to the 'Prime Minister's National Relief Fund' within a period of 3 weeks from today. Accordingly, IA/693/IB/2020 and IA/694/IB/2020 stands restored back on the file of this Tribunal.

6.

The Registry shall forward the copy of this order to both the parties. The petitioner shall also forward this order along with notice of next date of hearing of IA/693/IB/2020 and IA/694/IB/2020, to the Respondent and file proof of service in the Registry of this Tribunal before the next date of hearing.

7.

Accordingly, Rst. A/2/CHE/2021 stands allowed.