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NATIONAL COMPANY LAW TRIBUNAL
HON’BLE MR. HARNAM SINGH THAKUR, MEMBER (JUDICIAL), HON’BLE MR. ASHISH VERMA, MEMBER (TECHNICAL)
Bharat Chugh – Appellant
Versus
M/s Arora Iron & Steel Rolling Mills Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. dismissal of application for non-prosecution due to non-compliance with tribunal orders. (Para 2 , 6) |
| 2. arguments raised for restoration that relied on medical exigencies and procedural breaches. (Para 3 , 4) |
| 3. court's observations highlighted the lack of justification for counsel's absence and the inadequacy of medical claims. (Para 5 , 8 , 10) |
| 4. court reaffirmed the limits of its jurisdiction and compliance requirements under rule 48. (Para 7 , 9) |
| 5. final dismissal of the restoration application. (Para 11) |
ORDER
This Restoration Application (hereinafter referred to as the “RST.A. (IBC)/9(CH)2024” has been filed by the applicant under Rule 48(2) read with Rule 11 of NCLT Rules , 2016 (hereinafter referred to as the “Applicant”) with the following prayer:
(a) Allow the present application and pass an order restoring the captioned matter i.e. CP (IB) NO. 299/CH/2022 in terms of Rule 48(2) of the NCLT Rules , 2016;
(b) Set aside the order dated 06.03.2022 passed by this Hon'ble Tribunal in CP (IB) NO. 299/CH/2022 along with setting aside any cost imposed upon the applicant; and (c) Pass any other or further order as this Hon'ble Tribunal· may deem fit and proper in t
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