2024 (9) TMI 1916

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....aing, Advocate, For R1 Mr. VVSN Raju & Mr. Srikanth Rathi, Advocates, For R2 ORDER This order shall dispose of two applications bearing Restoration Application No. 8 of 2024 filed in CA (AT) (CH) (Ins) No. 229 of 2023 and Restoration Application No. 9 of 2024 filed in CA (AT) (CH) (Ins) No. 232 of 2023 for recalling of the order dated 04.07.2024 by which both appeals have been dismissed for non-prosecution. 2. In brief, the present two appeals have been filed by the Suspended Director of the Corporate Debtor against admission of the application filed under Section 7 of the Code by the National Company Law Tribunal vide its order dated 18.07.2023. 3. After the appeal was filed, the Appellant made a request on 04.01.2024 for fi....

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....nd, Counsel for the Respondent has submitted that the CIRP in this case had commenced on 21.07.2023. The appeal was first listed on 07.08.2023. Pleadings were completed on 16.08.2023, thereafter, the Appellant took time on 04.01.2024 to amend the grounds of appeal. It is submitted that CIRP is at the advanced stage because the resolution plan is approved by the CoC and the same is pending before the Adjudicating Authority for its approval. He further submitted that the reason given by the Appellant that he had missed the date on 04.07.2024 because on 03.05.2024 the date was not given should not be accepted because the same thing happened on 23.01.2024 when the case was not listed and it was adjourned to 19.03.2024 when the appellant had app....

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....riginal number. Company Appeal (AT) (CH) (Ins) No.229/2023 & 232 of 2023 These appeals were listed before the NCLAT Chennai. On 03.10.203 the following order was passed by this Bench which was presided over by Justice M Venugopal. The order read as under:- "ORDER (Virtual Mode) 03.10.2023: Hon'ble Mr. Justice M. Venugopal, Member (Judicial) is rescuing from Hearing, the Comp. App (AT) (CH)(Ins) No. 229 of 2023 and Comp. App (AT)(CH)(Ins) No.232 of 2023. Hence, the 'Office of the Registry', is directed to 'List' these 'Appeals', before the Hon'ble 'Appropriate Bench', in which Hon'ble Mr. Justice M. Venugopal, Member (Judicial) is not a 'Member', of course, after obtaining necessary Orders on Administrative side from the Hon'b....