SADHNA GUPTA Vs. PATR BUILDCON PVT LTD

JUDGEMENT

(1.) This is an application filed under Rule 11 of the National Company Law Tribunal Rules, 2016 read with Order 9, Rule 9, CPC with a prayer for restoring the petition at its original number which was dismissed on 18.05.2017.

(2.) For the reasons stated in the application particularly in para 6 thereof, we recall the order dated 18.05.2017 and restore the petition at its original number. CP. No. 214/2016 Having restored the petition, we have heard the learned counsel for the petitioner and find that there is no compliance with the various provisions of Rules known as Companies (Transfer of Pending Proceedings) Rules, 2016 and the c provisions of Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016.

(3.) Accordingly, the petition has abated and the same is dismissed as such. However, liberty is granted to the petitioner to file fresh one on the same cause of action under the Insolvency and Bankruptcy Code, 2016 or avail any other remedy in accordance with law.