INDU MALHOTRA,J. - (1.) The present Civil Appeal has been filed against the Order dated 04.10.2018 whereby the National Company Law Appellate Tribunal (NCLAT) has dismissed the I.A. seeking recall of the Order dated 23.08.2018.
(2.) The NCLAT had by its earlier Order dated 20.08.2018 granted various opportunities to the counsel for the Appellant, to address the Tribunal on the merits of the case, impugning the Order passed by the NCLT in directing the Corporate Debtor to take over the company, even though a Resolution Plan was submitted before it. The Appellant submitted inter alia that the Resolution Plan was in violation of Section 29A of the Insolvency and Bankruptcy Code, 2016. The NCLAT has recorded that the counsel for the Appellant had sought several opportunities for adjournments on the ground of his indisposition. Further, the NCLAT directed the Appellant to file an Affidavit of compliance with respect to the deposit of Rs. 1 crore in compliance with the Order dated 04.05.2018 passed by this Court. An oral statement was made before the NCLAT that the Bank Guarantee issued by a nationalised bank had been deposited with the Registrar of the NCLAT. However, the affidavit had not been filed.
(3.) In these circumstances, the NCLAT dismissed the Appeal for nonprosecution. The Appellant filed I.A. No. 1617 of 2018 and 1618 of 2018 before the NCLAT praying for recall of the Order dated 23.08.2018, which has been rejected by the Impugned Order dated 04.10.2018.;