The appeal was filed against the order dated March 28, 2023, passed by the National Company Law Tribunal, Bench-III, New Delhi, which dismissed an application (Rest.A-47/2023 in IB-2559(ND) 2019) filed by Rudra Mercantile Pvt. Ltd for restoration of the petition. The Adjudicating Authority dismissed the application seeking restoration of IB-2559/ND/2019, which had been dismissed for non-prosecution on August 5, 2023, due to a delay in filing the application after the limitation period, as per Rule 48(2) of NCLT Rules, 2016, without any application seeking condonation of delay.
Rudra Mercantile Pvt. Ltd. filed an application (Rest.A-47/2023 in IB-2559(ND) 2019) seeking restoration of IB-2559/ND/2019, which was dismissed for non-prosecution on 05.08.2023. The application for restoration was filed on 21.02.2023, after the period of limitation provided under Rule 48(2) of NCLT Rules, 2016, without any application seeking condonation of delay. The Authorized Representative of the Appellant Company is a 75-year-old woman suffering from severe illness. The Appellant's previous counsel did not respond in time and later informed the Appellant that he could not appear before the Adjudicating Authority. The Adjudicating Authority dismissed the restoration application on 28.03.2023 due to the delay in filing. The Respondent opposed the appeal, stating
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The appeal was filed against the order dated March 28, 2023, passed by the National Company Law Tribunal, Bench-III, New Delhi, which dismissed an application (Rest.A-47/2023 in IB-2559(ND) 2019) filed by Rudra Mercantile Pvt. Ltd for restoration of the petition. The Adjudicating Authority dismissed the application seeking restoration of IB-2559/ND/2019, which had been dismissed for non-prosecution on August 5, 2023, due to a delay in filing the application after the limitation period, as per Rule 48(2) of NCLT Rules, 2016, without any application seeking condonation of delay.
Rudra Mercantile Pvt. Ltd. filed an application (Rest.A-47/2023 in IB-2559(ND) 2019) seeking restoration of IB-2559/ND/2019, which was dismissed for non-prosecution on 05.08.2023. The application for restoration was filed on 21.02.2023, after the period of limitation provided under Rule 48(2) of NCLT Rules, 2016, without any application seeking condonation of delay. The Authorized Representative of the Appellant Company is a 75-year-old woman suffering from severe illness. The Appellant's previous counsel did not respond in time and later informed the Appellant that he could not appear before the Adjudicating Authority. The Adjudicating Authority dismissed the restoration application on 28.03.2023 due to the delay in filing. The Respondent opposed the appeal, stating
…The National Company Law Tribunal, Bench-III,…
IB-2559/ND/20…
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