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2019 (9) TMI 966 - NATIONAL COMPANY LAW TRIBUNAL AHMEDABAD BENCH, AHMEDABADRe-opening the right of the applicant/Original Respondent - Section 60(5) of the Insolvency and Bankruptcy Code, 2016 read with Rule 11 of the NCLT Rules, 2016 - HELD THAT:- It was found that the case was proceeded ex-parte for the fault on the part of then advocate of the Corporate Debtor. It is an established law that due to the fault of the advocate, the litigant/party should not suffer. Otherwise also, when the matter has already been opened for clarifications from the side of the Financial Creditor, we find no reason to stop the Corporate Debtor to file his reply and advance arguments. Application allowed.
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