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2024 Supreme(Online)(NCLT) 1683

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


Advocates:
For the Applicant: Mr. Jatin Bansal, Ms Keerti Sandhu
For the Respondent: Dr. Rajansh Thukral, Mr. Sidharth Thukral

ORDER

This Restoration Application (hereinafter referred to as theRST.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 the interest of justice, equity and good conscience.

FACTS OF THE CASE

2. The brief facts, of the case are as below:

(i) The applicant had filed Petition No. CP (IB) NO. 299/CH/2022 under section 7 of IBC which was dismissed by this Bench in terms of order dated 06.03.2024 on account of non-prosecution as well as non- compliance of the direction this tribunal, and hence the following order was passed:

“It is seen that on the last date of hearing i.e. 07.02.2024, it was clearly stated that no further adjournment will be allowed on a

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