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2021 (11) TMI 870 - Tri - Insolvency and BankruptcyMaintainability of petition - dismissal on the grounds of default and non-prosecution - non-appearance of petitioner in spite of being notices issued - HELD THAT:- Since, the Hon’ble High Court has only granted interim stay with regard to remittance of fine as ordered in TIA/09/KOB/2019 and given 30 days’ time to file an appeal under Section 421 of the Companies Act 2013, before the Hon’ble Appellate Authority, without obeying that order of the Hon’ble High Court, the petitioner filed a Restoration Petition before this Tribunal to restore TCP/13/KOB/2019, that too by the same person who was restrained from representing in that matter, by this Tribunal. The order in TIA/9/KOB/2019 was passed on merits giving both sides ample opportunities to present their cases. Both the parties were heard extensively and only after that the order in TIA was passed. The applicant should have obeyed the order dated 29.09.2021 of the Hon’ble High Court, if he is really aggrieved by the orders of this Tribunal dated 30.12.2019 TIA/9/KOB/2019. We do not find any substance in this application filed for restoration of TCP No. 13/KOB/2019. Restoration application dismissed.
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