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National Company Law Appellate Tribunal

Avail Financial Services Limited vs Sunworld City Private Limited on 3 February, 2022

      NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI
                 Company Appeal (AT) (Ins.) No. 1250 of 2019

In the matter of:
Avail Financial Services Ltd.                                      ....Appellant
Vs.
Sunworld City Pvt. Ltd.                                         ....Respondent
Present
For Appellant:        None.
For Respondent:       Mr. Anshum Jain, Advocate.
                                     ORDER

(Virtual Mode) 03.02.2022: In terms of the Order dated 07.12.2021 Registry has placed the record of the Company Appeal (AT) (Ins.) No. 123 of 2021.

From the perusal of the Order dated 22.02.2021 passed by this Tribunal in Company Appeal (AT) (Ins.) No. 123 of 2021 presided by the then Hon'ble Acting Chairperson Justice Bansi Lal Bhat and Hon'ble Dr. Ashok Kumar Mishra, Member (Technical), wherein, the application for condonation of delay was rejected and the appeal was also dismissed as barred by limitation.

Company Appeal (AT) (Ins.) No. 1250 of 2019 was listed on 05.03.2020 a request was made on behalf of the Learned Counsel for the Appellant to give another date in the matter and the matter was directed to be listed on 08.04.2020 and thereafter the matter was adjourning from time to time and only on 07.12.2021 Leanred Cousnel for the Respondent inform this Court that the another Appeal was filed of the similar matter in Company Appeal (AT) 2 (Ins.) No. 123 of 2021. But Company Appeal (AT) (Ins.) No. 123 of 2021 was disposed off on 22.02.2021.

Learned Counsel for the Respondent is present but despite Learned Counsel for the Appellant was informed about the next date of the proceeding nobody appears on behalf of them.

So, this Appeal is also rejected as the similar case was also rejected. Let the records of Company Appeal (AT) (Ins.) No. 123 of 2021 be annexed with this appeal.

[Justice Anant Bijay Singh] Member (Judicial) [Ms. Shreesha Merla] Member (Technical) Sim/ Kam Comp. App. (AT) (Ins.) No.1250 of 2019