https://www.taxtmi.com/caselaws?id=753482 NCLAT Principal Bench allowed appeal against dismissal of petition for non-prosecution. Adjudicating Authority rejected restoration application citing insufficient cause for non-appearance and alleging forum shopping by applicant. NCLAT held that death of family member constituted sufficient cause for non-appearance, and Authority's observations about forum shopping were premature since Section 94 application merits were not under consideration. Authority erred in rejecting restoration application based on conduct assessment inappropriate at that stage. Restoration application should have been allowed, with conduct evaluation reserved for substantive hearing. 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 NCLAT Principal Bench allowed appeal against dismissal of petition for non-prosecution. Adjudicating Authority rejected restoration application citing insufficient cause for non-appearance and alleging forum shopping by applicant. NCLAT held that death of family member constituted sufficient cause for non-appearance, and Authority's observations about forum shopping were premature since Section 94 application merits were not under consideration. Authority erred in rejecting restoration application based on conduct assessment inappropriate at that stage. Restoration application should have been allowed, with conduct evaluation reserved for substantive hearing. Case-Laws Insolvency and Bankruptcy Fri, 31 May 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=753482