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    <title>2024 (1) TMI 253 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHI</title>
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    <description>Rule 49 of the National Company Law Tribunal Rules, 2016 allows an ex parte order to be set aside only where notice was not duly served or the party was prevented by sufficient cause from appearing. On the stated facts, the appellant had already entered appearance, knew a reply was required, and gave only the explanation that counsel noted the wrong hearing date. The authority treated that explanation as insufficient on the record and declined to recall the ex parte order. The principle stated is that mere noting of an incorrect date, without more, does not by itself amount to sufficient cause for setting aside an ex parte order.</description>
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      <link>https://www.taxtmi.com/caselaws?id=447854</link>
      <description>Rule 49 of the National Company Law Tribunal Rules, 2016 allows an ex parte order to be set aside only where notice was not duly served or the party was prevented by sufficient cause from appearing. On the stated facts, the appellant had already entered appearance, knew a reply was required, and gave only the explanation that counsel noted the wrong hearing date. The authority treated that explanation as insufficient on the record and declined to recall the ex parte order. The principle stated is that mere noting of an incorrect date, without more, does not by itself amount to sufficient cause for setting aside an ex parte order.</description>
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