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2019 (7) TMI 580 - Tri - Companies LawMaintainability of petition - Restoration of the applications - Case of petitioner is that petitioner could not able to remain present in the Court on account of marriage in his family, hence, he sent a letter for adjournment - HELD THAT:- The applicant has not produced sufficient proof nor shown convincing reasons for his non-appearance or the absence of his authorized representative on the due date of hearing before this Court. He did not furnish proof of his illness by producing a medical certificate along with the present applications nor his authorized representative filed any supporting affidavit by explaining that why he could not able to appear before this Bench on the due date of hearing nor he sought for adjournment by requesting some other proxy counsel or representative - Hence, the reasons shown for restoration are not adequate for want of necessary proof. It is well settled legal position in catena of decisions of the Hon’ble Supreme Court and High Courts that if there is allegation of breach of Court’s order/direction and there is prima-facie evidence for alleged breach of order, then the matter becomes a matter between the court and alleged contemnor and the status of the applicant can only be of complainant/informer - in order to meet the ends of justice, it is expedient to consider the above stated Miscellaneous Application and Contempt Application on its merits and to be disposed in accordance with law after affording opportunity of being heard to both the parties. Therefore, the inconvenience caused, if any, to the respondents can be compensated by appropriate cost. Applications allowed.
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