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TMI Blog2019 (9) TMI 966X X X X Extracts X X X X X X X X Extracts X X X X ..... ER (JUDICIAL) AND MS. MANORAMA KUMARI, MEMBER (JUDICIAL) For The Applicant : Mr Jaimin R. Dave, Advocate For The Financial Creditor : Mr ketan M Parikh, Advocate ORDER Per : Ms. Manorama Kumari, Member. (Judicial) 1. The instant application is filed under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 read with Rule 11 of the NCLT Rules, 2016 with a prayer for re-opening th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appear before the Adjudicating Authority on subsequent dates, despite having standing instructions from the Corporate Debtor, consequent upon which, the matter proceeded ex parte. 4. It is stated by the Applicant/the Corporate Debtor that said fact of absence of the then advocate from the appearances before this Adjudicating Authority, was not in the knowledge of the Corporate Debtor and matter w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icating Authority with the prayer to allow the Applicant/the Corporate Debtor to file his reply by recalling the order dated 13.03.2019. 7. The Ld. lawyer appearing on behalf of the Financial Creditor, opposed the prayer, so made by the Corporate Debtor and submitted that the Corporate Debtor has the knowledge of the pendency of the matter and even then, did not appear before this Adjudicating Au ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egard to the Power of Attorney as notice was issued under the provisions of sub-clause (b) of clause (5) of section 7 of the IBC. On the very day, the Ld. lawyer namely viz. Mr. Jaimin R Dave also appeared on behalf of the Corporate Debtor and submitted that he has filed one IA application with a prayer to rehear the matter as the main application was heard ex-parte, due to the absence of then con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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