TMI Blog2022 (9) TMI 1064X X X X Extracts X X X X X X X X Extracts X X X X ..... s not deposited, the reply shall not be taken on record. Application disposed off. - I.A. 3423/ND/2022 in Company Petition No. (IB)-93(PB)/2021 - - - Dated:- 12-9-2022 - Dharminder Singh , Member ( J ) And L. N. Gupta , Member ( T ) For the Appellant : Aaditya A. Pande , Adv For the Respondents : Sanjiv Kakra , Sr. Adv. , Priyanka Dagar and Shweta Saini , Advs ORDER L. N. Gupta , Member ( T ) 1. The Respondent in the main petition M/s. Skylark Infra Engineering Private Limited (hereinafter referred to as the 'Applicant') has preferred the present I.A. No. 3423 of 2022 under Rule 11 of the NCLT Rules, 2016 seeking the following reliefs: a) In view of the aforesaid facts and circumstances, it is most ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... receipt of the advance notice, the Corporate Debtor (CD) had appeared through V.C. on 15.02.2021, whereafter the parties initiated the settlement talks. The case was adjourned to 24.03.2021. ii) Subsequently, due to onset of second wave of COVID-19 pandemic, the case was further adjourned to 05.07.2021. However, on the said date, no effective hearing took place. That the counsel appearing for the Corporate Debtor, immediately after 24.03.2021, had handed over the Vakalatnama on behalf of the CD to the office Clerk for filing purpose. However, due to onset of the second wave of Covid-19, the counsel could not follow the matter of filing of the said Vakalatnama with the clerk. iii) Thereafter, the matter was taken up on 23.08.2021, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Applicant over Whatsapp messages. Unfortunately, the father of the counsel handling the present case was not keeping well in the corresponding period. He was rushed to the Manipal Hospital on 22.05.2022 due to his worsening health condition due to heart ailment and was subsequently, admitted at Fortis Institute of Hospital, Gurugram on 25.05.2022 due to heart-attack who under-went angioplasty on the same day. Under such compelling circumstances, the CD having no other option, requested the Adjudicating Authority to grant one week's time to file the reply, but the request was declined and the right to file the reply was closed. The case was adjourned to 05.07.2022. vi) The aforesaid circumstances clearly show that the delay in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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