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Tribunals and CommissionsDivision Bench(2021) 10 NCLT CK 0005

Mr. Amit Sangal Proprietor of M/s. Nitin Plastic vs M/s. Prince MFG Industries Private Limited

National Company Law Tribunal · Decided on 5 October 2021

HON’BLE JUDGES
Ashok Kumar Borah, Member (J) · Shyam Babu Gautam, Member (T)
RESULT
Allowed/Disposed Of
CASE NUMBER
IA No. 1672 of 2021 In C.P. No. 934/IBC/MB/202
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Judgment

10 paragraphs · 263 words

Shyam Babu Gautam, Member Technical

1.

The present Application has been filed by the Operational Creditor seeking modification/correction/alteration in the Order dated 05.07.2021 passed by this Bench which reads as under :-

" The matter is taken up through Virtual Hearing (VC). Mr. Anuj Kumar Solanki, Counsel appeared for the Operational Creditor. Mr. Dinesh Kumar Dubey, Counsel for the Corporate Debtor. At the request of both the parties list the matter on 04.08.2021."

2.

The Operational Creditor submits that the Counsel for the Operational Creditor opposed the adjournment on 05.07.2021 which was sought by the Counsel for the Corporate Debtor and also shared on screen VC the previous Order dated 28.06.2021 which said as to "List the matter for making compliance of payment or for Orders." But the Order dated 05.07.2021 mentions that at the request of both the parties list the matter on 04.08.2021.

3.

The Counsel for the Operational Creditor submits that the Operational Creditor did not ask for the adjournment.

4.

Hence the Order dated 05.07.2021 is to be read as "At the request of the Counsel for the Corporate Debtor, List the matter on 04.08.2021.

5.

Hence the Order dated 05.07.2021 is to be read as follows :-

" The matter is taken up through Virtual Hearing (VC). Mr. Anuj Kumar Solanki, Counsel appeared for the Operational Creditor. Mr. Dinesh Kumar Dubey, Counsel for the Corporate Debtor. At the request of the Corporate Debtor list the matter on 04.08.2021."

6.

Hence, IA 1672 of 2021 in CP No. 934 of 2020 is allowed and disposed of.

7.

Ordered Accordingly.