TMI Blog2022 (6) TMI 208X X X X Extracts X X X X X X X X Extracts X X X X ..... provides that this Tribunal may set aside the order of ex-parte passed against the respondent, however, neither Rule 49(2) nor any other rule of NCLT Rules, 2016 provides that this Tribunal is empowered to recall its final order and review the same. The relief sought by the applicant is not only with respect to set aside of ex-parte order dated 23.11.2020 but also recall of order dated 01.12.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt No. 1, the orders have been reserved by this Hon'ble Tribunal for non - cooperation by the Applicant and Respondent No. 2. However, during the pendency of the application, the Applicant and Respondent No. 2 have been cooperating with Respondent No. 1 and providing necessary documentation to the Respondent No. 1. Furthermore, the counsel for the Applicant and Respondent No. 2 has been duly a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the Respondent No. 2. Only on 07.12.2020, the Respondent No. 2 recovered from the Covid - 19 virus and collated the documents required by the Respondent No. 1. It is most pertinent to note that out of all the documents/information sought by Respondent No. 1, the Applicant and Respondent No. 2 have collated some of the documents and as regards the remaining, the Respondent No. 2 is in the process ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent against the applicants herein for seeking cooperation and assistance u/s. 34(3) and it was IA-3091 of 2020 which was reserved and not 4385 of 2020, hence, prayed that the application may be dismissed as devoid of merits. 4. We have perused the contents of the application and reply and also heard the arguments advanced by the concerned parties. It is pertinent to discuss that Rule 49(2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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