2021 (4) TMI 1073

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....other orders as this Tribunal may deem fit and proper. 2. In the Application it is averred that the Applicant was formerly known as M/s. Maheswari Brothers Coal Private Limited. It is further averred that the Applicant had filed a Petition under Section 9 of Insolvency & Bankruptcy Code, 2016 (IBC, 2016) and that the same was numbered as CP/661/(IB)/CB/2018. 3. It is also averred that on 05.06.2018 upon hearing the submissions of the parties vide order passed by this Tribunal on the same date had injuncted the Respondent restraining from alienating, disposing, selling and encumbering the assets of the Corporate Debtor until disposal of the main Application. 4. Subsequently it is stated that the parties have exchanged a proposal to ....

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....he Applicant it transpired that since Counsel for the Applicant had not appeared before this Tribunal on two occasions, in the circumstances, the case was dismissed for default on 08.10.2018. 9. Taking into consideration the above circumstances, this Application has been filed and Learned Counsel for the Applicant was heard. Learned Counsel for the Applicant repeatedly insists that on the fault of the erstwhile Counsel, the Applicant should not be penalised as the non appearance of the erstwhile Counsel for the Applicant had made this Tribunal to dismiss the Petition for default. 10. Learned Counsel for the Applicant also projected that there had been a genuine confusion and as much as on 02.11.2018 matter seems to have been listed be....