- (1.) The Petitioner filed this MA 48/2016 for recalling the order of dismissal for default passed by this Bench on 19.1.2017 in CP 4/2017 filed u/s. 9 of I & B Code and for restoration of the same.
(2.) The petitioner having filed this CP u/s. 9 of I & B Code on 12.1.2017, it came up for hearing on 18.1.2017, on the said date, when none present from the petitioner side, this Bench passed an order stating that "none present on behalf of Applicant", accordingly listed this matter for hearing on the next day 19.1.2017 with a direction that in the event the Applicant remained absent on the next day, CP would be dismissed for default. When the matter came up for hearing on the following day, again the Petitioner remained absent whereby this Bench dismissed the Petition for default on 19.1.2017.
(3.) Since this Petition was dismissed for default on 19.1.2017, now this Petitioner has filed this Recall and Restoration Application on 24.2.2017 stating that at the time of filing Company Petition the Court Clerk orally informed the concerned Advocate Clerk that date of hearing would be informed as soon as posted for hearing. The Applicant/petitioner further states that when the said Clerk made inquiries about the status of the above Company Petition, the Court Clerk used to repeat the same saying it would be informed to him.;