Shreeji Shipping vs Rcc Limited
- CitationCompany Appeal (AT)(Insolvency) No. 900 of 2024
Ratio decidendi
The rule this decision rests on
The order rests on a single point of procedure: where a party has in fact complied with the directions recorded in the earlier orders, a finding of non-compliance cannot sustain the dismissal of its application for recall and restoration, so that dismissal is liable to be set aside and the application re-heard in accordance with law, with fresh notice to the other side before further proceedings.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Shreeji Shipping ...Appellant
Versus
RCC Ltd. ...Respondent Present: For Appellant : Mr. Navin Pahwa, Sr. Advocate, Mr. Karan Valecha, Ms. Shivangi Khandelwal, Advocates. For Respondent : -
ORDER
(Hybrid Mode)
18.07.2024: Heard learned Counsel for the Appellant. No one has
appeared from Respondent side. Learned Counsel for the Appellant submits
that Respondent also did not appear before the Adjudicating Authority and a
Notice was issued on 10.10.2023. The appeal was dismissed for non-
prosecution by an order dated 07.02.2024. An application was filed to recall
the said order and restore the application which was also dismissed on
07.03.2024 against which order this appeal has been filed. Notice was issued
by this Tribunal on 14.05.2024 in the appeal but none appeared on behalf of
Respondent.
Learned Counsel for the Appellant submits that sufficient cause has
been shown in the application. In the observation in para-7 it is that there is
non-compliance of the orders dated 07.11.2023 and 24.11.2023 which is not
correct since Additional Affidavit was filed by the Appellant on 12.12.2023 in which it has been clearly stated that Appellant complied the direction
contained in paragraph-3. It is submitted that the Adjudicating Authority has
dismissed the application recording that there was no compliance of the orders.
Since the orders have already been complied, we allow the appeal and set
aside the orders dated 07.03.2024 and 07.02.2024. The Application is directed
to be heard afresh in accordance with law. Adjudicating Authority may issue
fresh notice to the Respondent before proceeding further.
[Justice Ashok Bhushan] Chairperson
[Mr. Barun Mitra] Member (Technical)
akc/Nn
Company Appeal (AT)(Insolvency) No. 900 of 2024 & I.A. No. 3269 of 2024 Page 2 of 2
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