https://www.taxtmi.com/caselaws?id=753482 Sufficient cause for restoration of a petition dismissed for non-prosecution must be assessed only on the applicant's explanation for non-appearance on the relevant hearing date. Where counsel's absence is explained by a family bereavement and an adjournment email was sent before the hearing, that explanation may justify restoration if it is not shown to be unbelievable or insufficient. Allegations concerning prior conduct, misuse of process, clean hands, or forum shopping are premature at the restoration stage and should not be used to decide the merits of the underlying insolvency petition. The restoration application was therefore allowed, and the insolvency petition was restored for consideration on its own merits. en-us Fri, 31 May 2024 00:00:00 +0530 Mon, 03 Jun 2024 15:07:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=753482 Sufficient cause for restoration of a petition dismissed for non-prosecution must be assessed only on the applicant's explanation for non-appearance on the relevant hearing date. Where counsel's absence is explained by a family bereavement and an adjournment email was sent before the hearing, that explanation may justify restoration if it is not shown to be unbelievable or insufficient. Allegations concerning prior conduct, misuse of process, clean hands, or forum shopping are premature at the restoration stage and should not be used to decide the merits of the underlying insolvency petition. The restoration application was therefore allowed, and the insolvency petition was restored for consideration on its own merits. Case-Laws Insolvency and Bankruptcy Fri, 31 May 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=753482