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2024 Supreme(Online)(NCLAT) 157

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Justice Ashok Bhushan (Chairperson) , Hon'ble Mr. Barun Mitra (Member (Technical)) ,
Innovators Cleantech Private limited – Appellant
Versus
Pasari Multi Projects Private Limited – Respondent


Advocates:
Mr. Anuj Bhandari, Mr. Gaurav Jain, Mr. Sanjeev Sen, Mr. Ashok Kumar Jain, Mr. Amit Kasera, Ms. Anjali Singh, Mr. Pragyan Mishra

JUDGEMENT

ASHOK BHUSHAN, J. Interlocutory Application Nos. 1622 & 1623 of 2024 These Interlocutory Applications ( IAs ) have been filed by Respondent for recalling order dated 25.01.2024 and 06.02.2024 passed in Company Appeal (AT) (Insolvency) No.115 of 2024. The Applicant/Respondent has also prayed that Appeal be dismissed with costs.

2. Orders dated 25.01.2024 and 06.02.2024 are as follows: “ 25.01.2024: I.A. No. 294 of 2024:- This is an application praying for condonation of 86 days delay in re-filing of the appeal. The grounds taken in the application is that the local counsel in Kolkata has sent 2 the copy of the order to the appellant, who is based at Mumbai. The documents are misplaced and some time was taken in searching it. Further, the counsel for the appellant who is situated in Delhi took some further time for verifying the facts and relevant documents were received by post which took considerable time. Certain additional documents were called for by the counsel for the appellant, hence, the re-filing was delayed. Cause shown sufficient. Re-filing delay is condoned. List this appeal on 06.02.2024. ” x x x “ 06.02.2024 Learned Counsel for the Appellant submits that the de

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