TMI Blog2017 (3) TMI 1901X X X X Extracts X X X X X X X X Extracts X X X X ..... ff. - IA No.5 of 2017 MC (C.PTN. No.1 of 2016 (CP No. 1 of 2014) - - - Dated:- 29-3-2017 - Hon'ble Mr. Justice P K Saikia, Member (J) ORDER Heard Mr. A.K.Sahewalla, Mr.W.Sharma, Mr. S.Saikia and Mr. P. Saikia, learned counsel for the applicant. Also heard Mr. K.Sanyal, Asstt. Director, Office of the RD (NER), Shillong who appears on behalf of ROC/Official Liquidator and other Cent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion has been caused for reasons beyond the control of the applicant and as such, same needs to be condoned and in that connection, my attention has been drawn to paras 9. 10, 11 and 12 of the application. In support of his contention, the learned counsel for the applicant has referred to the decision of the Hon'ble Apex Court in the case of Perumon Bhagvathy Devaswom, Perinadu Village Vs B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... status of the case. It was only on 03.06.2016, that it was learnt from the said Advocate's Clerk that the Company Pet.No. 1/2014 was dismissed for non-prosecution by order dated 03.03.2015. 'Para-10 . That the Applicant/First Transferor Company states that when the information regarding the dismissal was learnt from the Advocate's Clerk, the Applicant/First Transferor Company r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order dated 03.03.2015 as aforesaid/ The non prosecution of the case was unintentional and caused only because of the lack of information and/or knowledge by the management of the Applicant/ First Transferor Company . Para-11 That the applicant states that the said information about the dismissal of the Company Pet. No. 1/2014 was circulated amongst the Transferor Companies and Trensfere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 441 days in filing the restoration application against the order dated 03.03.2015 passed by this Hon'ble Court in Company Pet No. 1/2014 and condone the delay and restore the said application to file . On considering the submissions, advanced, having regard to the statements made in Paras 9, 10, 11 and 12 of the application and also keeping the report of ROC in view , I have found that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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