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2020 (10) TMI 391 - NATIONAL COMPANY LAW TRIBUNAL , MUMBAI BENCHRestoration of the Company Petition which was dismissed inter alia for non-prosecution by this Adjudicating Authority - initiation of CIRP - HELD THAT:- It is a settled judicial principle that procedure should ultimately subserve the cause of justice, and that procedural niceties should not be allowed to defeat the same. With this cardinal principle in mind, we have examined the rival contentions in the present application. For good measure, we have also carefully looked at the main Company Petition itself to see whether there is indeed a case made out for restoration of the Company Petition and retrieve it from procedural tangles. There is a finding of this Adjudicating Authority that at the very threshold the debt in question is disputed by the Respondent/ Corporate Debtor. This is a finding that has not been challenged so far in a manner known to law. There is a further finding that the petition is not complete in all respects and therefore the petition is dismissed on the ground of non-prosecution. Therefore, there are two reasons for dismissal – (1) that the debt is disputed; and (2) that the petition was not prosecuted diligently by the Applicant/ Operational Creditor. The present application has been filed even without the mandatory affidavit verifying the contents. Even without this, the present application is devoid of merits and deserves to be dismissed - application dismissed.
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