M.K. Shrawat, Member - (1.) The Learned Representatives of both the sides are present.
(2.) A mention has been made in respect of Miscellaneous Application, which is listed as M.A. No. 369/2017 in TCP No. 369/I&BC/NCLT/MB/MAH/2017 today put up for hearing and disposed of in the following manner.
(3.) The Applicant is aggrieved by a remark on the daily cause list dated 24th August, 2017, according to which it is noted as "CP admitted / IRP appointed". On receiving this information, the Applicant has moved this Application on 5th September, 2017 wherein narrated the facts of non-appearance on 24th August, 2017 as under:- "2. 777e instant petition was listed and heard on three occasions being 4.7.217, 27.7.2017 and 4.8.2017. On 4.8.2017, the Ld. Bench in Court Room No. II comprising of Justices Shri M.K. Shrawant and Shri Bhaskara Pan tula Mohan was pleased to permit the Respondent to file a detailed reply by 14.8.2017 and further directed that the petitioner could file a rejoinder thereto if so advised by 21.8.2017. At the time of hearing, as the Hon 'ble Bench had indicated that they were inclined to post the matter on 24.8.2017, the advocate for the Respondent requested that as they were unavailable on 24.8.2017, the matter may be taken up on 23.8.2017 or any other convenient day. Accordingly, the Hon ble Bench was pleased to adjourn the matter to 23.8.2017 at 2.30 p.m. The Status list for the matter on 4.8.2017 reflects this to show that the instant matter was thereafter to be listed on 23.8.2017 at 2.30 p.m. Hereto annexed and marked as Exhibit A is a copy of the Case status list for 4.8.2017 as downloaded from the NCLTofficial website. 3. The matter unfortunately was not listed on 23.8.2017. It seems that realizing this, the Registry through an additional board for 23.8.2017, listed the instant matter at sr. no. 58 (last matter) on 23.8.2017 board and kept the matter for hearing on 24.8.2017. Hereto annexed and marked as Exhibit B is a copy of the Case status list for 23.8.2017 as downloaded from the NCLT official website. 4. The instant matter was listed on 24.8.2017 at sr. no. 25 on the daily board of Court Room No. II. As mentioned earlier, the advocates for the Respondents were unavailable on 24.8.2017and could not attend the matter. Further, due to inadvertence on the part of the Advocates clerk, the Respondents and the advocates did not realise the matter was listed on 24.8.2017 due to which alternate arrangements could not be made for representing the Respondents in the matter when it was called out on 24.8.2017.";