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2022 (11) TMI 404 - AT - Insolvency and BankruptcySeeking recall of order - whether the order cannot be entertained for the reason that even on the previous occasions the applicant had not evinced any interest in prosecuting the said application? - HELD THAT:- This Tribunal is of the considered view that an opportunity ought to have been provided by the Adjudicating Authority (National Company Law Tribunal, Hyderabad Bench - II, Hyderabad) to the Learned Counsel for the Appellant/Bank/Petitioner, because of the fact, that the that One Officer of the Bank, who represented on behalf of the Financial Creditor, logged in, had sought time, and, therefore, this Tribunal opines that the Adjudicating Authority (National Company Law Tribunal, Hyderabad Bench - II, Hyderabad), obviously, had adopted a pedantic and an hyper-technical approach, because of the fact, that no progress was made in the subject matter and added further, that the Tribunal went on to observe that even on this date, viz., 21.02.2022 given by it was exclusively to proceed with the matter. It must be borne in mind that, if the Restoration Application preferred by the Party / Person is dismissed, at the threshold, then, there is a possibility, that even the meritorious case / matter may be thrown out, at the nascent stage. However, if the Restoration Application is Allowed by the Adjudicating Authority / Tribunal by resorting a liberal approach, then, there is every likelihood that the Main Matter shall be taken up for Hearing and the Case / Cause is decided on Merits, of course, after providing an adequate Opportunity of Hearing and also by observing the Principles of Natural Justice. This Tribunal comes to a Resultant Conclusion that the Impugned Order of disposal of application passed by the Adjudicating Authority (National Company Law Tribunal, Hyderabad Bench - II, Hyderabad) is clearly unsustainable in the eye of Law - Application allowed.
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