Samrat Gems Impex Private Limited vs Banswara Syntex Limited

Samrat Gems Impex Pvt. Ltd. ...Appellant(s)

Versus

Banswara Syntex Ltd. ...Respondent(s)

Present: For Appellant : Mr. Debashis Mukherjee, Advocate. For Respondents :

ORDER

(Hybrid Mode)

06.03.2024: Heard Learned Counsel for the Appellant.

2. This appeal has been filed against the order dated 13.12.2023 passed

by the Adjudicating Authority (National Company Law Tribunal, Mumbai

Bench) in IA No. (IBC) 2526/2021 filed by the Respondent herein. By the said

I.A., prayer was made to recall the dismissal of I.A. which was dismissed for

non-prosecution.

3. The Adjudicating Authority noticed that IA No. 517 of 2021 was

dismissed due to non-appearance of the Learned Counsel which was held not

to be unintentional. In paragraph 10 of the impugned order, the Adjudicating

Authority has made following observations:

"10. It is cardinal principle of law that nobody should be condemned unheard. And as far as possible, the cases should be decided on merits after giving an opportunity of being heard to both the parties. In our considered view, the absence of the counsel for the Appellant on the date when lA -2-

No. 517 of2021 was listed on 07.07.2021 does not appear to be intentional. Therefore, applying the principle of Audi Alteram Partem and in the interest of justice, we are of the considered view that IA No. 517 of2021 should be allowed."

4. We see no reason to interfere with the impugned order passed by the

Adjudicating Authority in restoring the I.A. No. 517 of 2021. It is open for the

Appellant to take his objection to the I.A. No. 517 of 2021, when it is heard.

5. With these observations, we dismiss the appeal.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical)

R.N./N.N.