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TMI Blog2019 (8) TMI 1573X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant : Mrugesh Vyas ORDER Manorama Kumari, Member (J) 1. The instant application IA No. 415 of 2019 is filed by the Applicant/the original Petitioner of CP(IB) No. 473 of 2018 for condonation of delay of 38 days in filing IA No. 414 of 2019 filed in IA No. 176 of 2019 in CP(IB) No. 473 of 2018. 2. The brief fact(s)s of the case is/are that CP(IB) No. 473 of 2018 filed by the Applicant was d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g restoration application being IA No. 414 of 2019. On perusal of the records, it is found that, on all the occasions, the application was dismissed for the fault of the advocate and the said fact was not in the knowledge of the Petitioner. When the Petitioner came to know that CP(IB)No. 473 of 2018 is dismissed due to fault of the advocate, he preferred IA No. 176 of 2019 for restoration of CP(IB ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therefore, I find no impediment in restoring the CP(IB) No. 473 of 2018 by restoring IA No. 414 of 2019 and IA No. 176 of 2019 by condoning the delay of 38 days as prayed for in IA No. 415 of 2019. More so, in view of the amendment made in the Companies Act, 2013 in Section 424 which has been made applicable in respect of IBC also, which reads as under: Section 424(2) The Tribunal and the Appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... preme Court in catena of cases, had settled the law that in case of condonation of delay, the lenient view should be adopted by the courts. Under such circumstances, petitions/applications, so filed by the Petitioner/Applicant being IA No. 415 of 2019, IA No. 414 of 2019 and IA No. 176 of 2019 filed in CP(IB) No. 473 of 2018 are allowed and the orders so passed on 11.01.2019 and 04.04.2019 are set ..... X X X X Extracts X X X X X X X X Extracts X X X X
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