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2022 (1) TMI 572 - Tri - Companies LawRevival of petition - wilful breach - settlement of disputes between the parties - HELD THAT:- It is seen from the records that the present Application for revival of the main Company Petition was filed before this Tribunal on 10.07.2018 and from thereon the Corporate Debtor has sought numerous adjournments by paying a paltry sum towards the dues of the Operational Creditor in each and every hearing. Further, it is seen from the Order of this Tribunal dated 17.09.2020, a last opportunity was given to the Corporate Debtor to pay a sum of 17.5 million Japanese Yen to the Operational Creditor within a period of four weeks thereof. However, it is seen that the Corporate Debtor was also not able to adhere to the said timeline even after expiry of a period of one year. All these facts would go on to show that the Corporate Debtor has violated the terms of the Settlement Agreement as entered into between the parties dated 25.07.2017. In the circumstances, this Tribunal deem it fit to restore the main Company Petition viz. TCP/141/2017 on the file of this Tribunal. Accordingly, TCP/141/2017 stands revived and being listed for hearing on 08.02.2022. Let the same be listed along with TCP/141/2017 on 08.02.2022.
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