Miss Lucy
← All judgments

Sagar Dinesh Jariwala vs Small Industries Development Bank Of ...

National Company Law Appellate Tribunal24 October 2019

Ratio decidendi

The rule this decision rests on

The appeal is dismissed for non-prosecution where neither the appellant nor a counsel appears on the listed date despite repeated calls, and the Tribunal has earlier restored the matter on the understanding that it would be taken up on that date; in such circumstances no further restoration application will be entertained.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHICompany Appeal (AT) (Insolvency) No. 838 of 2019IN THE MATTER OF:

Sagar Dinesh Jariwal ...Appellant

Vs.

Small Industries Development Bank of India (SIDBI) & Ors. ...Respondents

Present: For Appellant: - Mr. S. Vishwanathan, Proxy Counsel.

O R D E R

24.10.2019─ The Appeal was taken up on 20th August, 2019 when

it was informed that the Learned Counsel who had to appear on behalf of

the Appellant was unwell.

On 3rd September, 2019, in spite of repeated calls, none appeared

on behalf of the Appellant. The Appeal was, accordingly, dismissed for

non-prosecution.

Subsequently a 'Restoration Application' was filed showing the

grounds for 'Non-Appearance' and being satisfied with the 'Grounds', by

order dated 18th October, 2019 passed in Restoration Application No. 19

of 2019, the Appeal was restored to its original file with clear

understanding that the matter will be Listed today for Admission i.e. 24th

October, 2019.

Contd/-........

-2-

Today, also in spite of the repeated calls, none appeared to pursue

the Appeal. One Mr. S. Vishwanathan who earlier not appeared informed

that the counsel is not in a position to appear today.

In the circumstance, we dismiss the appeal for 'Non-Prosecution'

with a clear understanding that no further 'Restoration Application' will

be entertained in future.

(Justice S.J. Mukhopadhaya) Chairperson

(Justice Venugopal M) Member(Judicial)

(Justice Jarat Kumar Jain) Member(Judicial) Ar/g

Company Appeal (AT) (Insolvency) No. 838 of 2019

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free