9911796707
TMI Blog2023 (4) TMI 925X X X X Extracts X X X X X X X X Extracts X X X X ..... any Law Tribunal, Delhi Bench, Court-III), by which applications bearing I.A. No.A41 of 2023 filed for restoration of the appeal and IA No. 1215 of 2023 filed for condonation of delay in filing the appeal for restoration were dismissed. 2. In brief, The Appellant filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred as to 'The Code') on 18.05.2021 against M/s. Kare Partner Group India Private Limited (Corporate Debtor)for the resolution of an amount of Rs. 2,48,16,435.16/-. 3. The case was listed for preliminary hearing before the Adjudicating Authority on 09.09.2021 and on that day, the following order was passed: "No one is present, at the time of virtual hearing of the matter. In the i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was dismissed as the Adjudicating Authority was not satisfied with the reasons given in the application for restoration and IA No. 1215 of 2023 was dismissed because of the dismissal of the IA No. A41 of 2023. Aggrieved against the said order, the present appeal has been filed. 8. Counsel for the Appellant has submitted that non-appearance of the Appellant before the Adjudicating Authority is not deliberate rather it was a fault of the counsel against whom the Appellant has also made a compliant before the Bar Council of Punjab & Haryana. 9. It is also submitted that the Appellant was unwell and admitted in the Hospital on 03.09.2022, as per prescription attached, with the application/appeal. In support of her contention, she has relied ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n in para 3 to 5, are not sufficient for the purpose of condonation of delay. Therefore, in our considered opinion, the application for condonation of delay i.e IA No. 1215 of 2023 which has though been dismissed because of dismissal of IA No. A41 of 2023 deserves to be dismissed independently. 14. Be that as it may, even if we consider that the application i.e. IA No. A41 of 2023 is duly constituted even then there has been continues lapse on the part of the Appellant in perusing the applications before the Adjudicating Authority and for that matter there is no error committed by the Adjudicating Authority in passing the impugned order. Insofar as, the decision relied upon, in the case of Rafiq &Anr. (Supra), is concerned, there is no dis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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