Sagar Dinesh Jariwala vs Small Industries Development Bank Of ...
- CitationCompany Appeal (AT) (Insolvency) No. 838 of 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
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
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