SANGHI DISTRIBUTORS Vs. ODEON BUILDERS (P) LIMITED

JUDGEMENT

(1.) This is an application filed by the Petitioner/Operational Creditor under Rule 48 (2) of the National Company Law Tribunal, 2016 seeking for restoration of the case in IB-255(ND) /2017 to its original number and to hear the matter.

(2.) Perusal of the records as available on 08.8.2017 with this Hon'ble Tribunal discloses that on 08.8.2017, the matter was called and that even at the time of second call in the afternoon session, nobody had put in appearance to support the petition.

(3.) In the circumstances, this Tribunal was constrained to dismiss the petition for non-prosecution. It is further seen from the endorsement made by the Registry in relation to the petition that the Petition was filed on 02.8.2017 and was diligently posted before this Tribunal on 08.8.2017 that too within a period of 6 days from the date of filing. However, the reference to the application as filed by the applicant/Operational Creditor discloses that certain allegations against the Registry had been made which cannot be accepted on the face of it.