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National Company Law Appellate Tribunal

Shree Sai Jagannath vs Adhunik Metaliks Limited And Ors on 21 September, 2023

            NATIONAL COMPANY LAW APPELLATE TRIBUNAL
                    PRINCIPAL BENCH, NEW DELHI

                 Company Appeal (AT) (Ins) No. 995 of 2022



IN THE MATTER OF:
Shree Sai Jagannath                                          ...Appellant
Versus
Adhunik Metaliks Ltd. & Ors.                             ...Respondent

Present
For Appellant       : None
For Respondent      : Mr. Arvind Kr. Gupta, Ms. Henna George, Advocates
                      for R- 1 & 2
                      Mr. Sandeep Bajaj, Mr. Vipul Jai, Mr. Mayank Biyani,
                      Advocates for R-3


                                    ORDER

21.09.2023: On repeated call, none appeared on behalf of the Appellant whereas Mr. Arvind Kr. Gupta, Ld. Counsel for Respondent No. 1 & 2 as well as Mr. Sandeep Bajaj, Ld. Counsel for the Respondent No. 3/Erstwhile RP are present.

On last date i.e. 08.08.2023, the appeal was got adjourned on the prayer made on behalf of the Appellant. Mr. Gupta, Ld. Counsel for the Respondent by way of referring the impugned order submits that the appeal appears to be frivolous in nature. However, without recording any opinion on the merit of the case, we are of the opinion that since none is appearing on behalf of the Appellant, the appeal can be dismissed on the ground of non-prosecution. -2-

Accordingly, the appeal is dismissed due to non-prosecution.

[Justice Rakesh Kumar] Member (Judicial) [Dr. Alok Srivastava] Member (Technical) sr/md Company Appeal (AT) (Ins) No. 995 of 2022