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2024 Supreme(Online)(NCLAT) 1235

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
ASHOK BHUSHAN, J
Ashish Mohan Gupta – Appellant
Versus
Union Bank of India – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Abhijeet Sinha, Mr. Anand Chhibbar, Ms. Anannya Ghosh, Mr. Mrinalini Mishra, Mr. Brian Moses, Ms. Kashish Chabbra
For the Respondents: Mr. PBA Srinivasan, Mr. V. Aravind, Ms. Srishti Bansal, Mr. Sumit Swami, Mr. Yash Pal Gupta, Mr. S. Shishir, Mr. Kamal Satija

JUDGMENT

ASHOK BHUSHAN, J.

These two Appeal(s) have been filed by the Personal Guarantor of the Corporate Debtor, challenging the orders dated 01.05.2024 and 22.05.2024 passed by National Company Law Tribunal, Chandigarh Bench, Chandigarh. By order dated 01.05.2024, Application filed by the Appellant under Section 94 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the “IBC”) has been dismissed for non prosecution and by order dated 22.05.2024, Restoration Application (IBC)/11(CH)/2024 filed to restore the Company Petition has been dismissed. Aggrieved by both the above orders, these two Appeal(s) have been filed.

2. Brief facts of the case necessary to be noticed for deciding the Appeal(s) are:

(i) An Application under Section 94 of the IBC being CP (IB)No.89/Chd/Pb/2024 was filed by the Appellant on 27.02.2024 and physical copy of the Application was filed on 28.02.2024. The Application was first listed on 17.04.2024, however the same was adjourned on account of members of the Bar abstaining and the matter was posted on 01.05.2024.

(ii) On 30.04.2024, at 08:00 PM, an email was sent by learned Counsel for the Appellant Shri Karan Gaba to the Registrar, reques

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