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2021 (4) TMI 1073 - Tri - Insolvency and BankruptcySeeking to condone the delay of 379 days in filing an Application for restoration of the Petition - HELD THAT:- This Application has been filed and Learned Counsel for the Applicant was heard. Learned Counsel for the Applicant repeatedly insists that on the fault of the erstwhile Counsel, the Applicant should not be penalised as the non appearance of the erstwhile Counsel for the Applicant had made this Tribunal to dismiss the Petition for default. The Applicant was genuinely misled in view of non appearance of the representative of the Applicant before this Tribunal which had left to the dismissal of the Application for this cause. The same has also been compounded further by the uploading of an order on 02.11.2018 which has been as rightly pointed out by Learned Counsel for the Applicant had misled the Applicant as if the Application is still pending on the file of this Tribunal and even though the same has been disposed of as dismissed for default on 08.10.2018 itself and thus we find a merit in the submissions made by the Applicant. The delay of 379 days in filing the Application seeking for restoration of the Petition stands condoned.
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