2023 (4) TMI 925

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.... 'Adjudicating Authority' (National Company Law Tribunal, Delhi Bench, Court-III), by which applications bearing I.A. No.A41 of 2023 filed for restoration of the appeal and IA No. 1215 of 2023 filed for condonation of delay in filing the appeal for restoration were dismissed. 2. In brief, The Appellant filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred as to 'The Code') on 18.05.2021 against M/s. Kare Partner Group India Private Limited (Corporate Debtor)for the resolution of an amount of Rs. 2,48,16,435.16/-. 3. The case was listed for preliminary hearing before the Adjudicating Authority on 09.09.2021 and on that day, the following order was passed: "No one is present, at ....

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.... up together by the Adjudicating Authority on 27.02.2023, IA No. A41 of 2023 was dismissed as the Adjudicating Authority was not satisfied with the reasons given in the application for restoration and IA No. 1215 of 2023 was dismissed because of the dismissal of the IA No. A41 of 2023. Aggrieved against the said order, the present appeal has been filed. 8. Counsel for the Appellant has submitted that non-appearance of the Appellant before the Adjudicating Authority is not deliberate rather it was a fault of the counsel against whom the Appellant has also made a compliant before the Bar Council of Punjab & Haryana. 9. It is also submitted that the Appellant was unwell and admitted in the Hospital on 03.09.2022, as per prescription atta....