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2024 Supreme(Online)(NCLAT) 767

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Justice Ashok Bhushan (Chairperson) , Hon'ble Mr. Barun Mitra (Member (Technical)) , Hon'ble Mr. Arun Baroka (Member (Technical)) ,
ASHOK MITTAL – Appellant
Versus
RAKESH GUPTA & ORS – Respondent


O R D E R

(Hybrid Mode)

12.08.2024 : Heard Counsel for the Parties.

2. This Appeal has been filed against an Order dated 20.02.2024, by which Order Adjudicating Authority has rejected the Application I.A. 1121/2021 filed by the Resolution Professional. Order dated 20.02.2024 reads as follows:

“1. Abha Patel i/b Fortis India Law, Ld. Counsel for Applicant present (VC). Adv. Main Chaudhary i/b Adv. Hafeezur Rahman, Ld. Counsel for the Respondents present (VC):

2. This IA is filed in 2021. Counsel from both sides are not ready/willing to argue the case.

3. IA is dismissed for non-prosecution.”

3. The Appeal was heard by this Tribunal on 10.07.2024, on which date following Order was passed:

“1. Counsel for the appellant submits that on 20.02.2024, when the matter was taken before the Adjudicating Authority, both the counsel has made request for adjournment. Counsel for the appellant has made a request for adjournment. Due to the fact that Ms. Rubina Khan, Advocate was indisposed due to the ill health of her infant daughter, Adjudicating Authority dismissed the IA for non-prosecution.

2. Counsel appearing for Respondent Nos.1 to 4 and 7 seeks time to file reply affidavit. Let reply be filed with

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