- (1.) Oral Order dictated in the open court on 01.12.2017 On the application moved by the Petitioner for revoking the Order dated 16.06.2017 on the ground that the Registry by oversight given two numbers to the same Company Petition considering Transfer Petition as one Petition and Form-5 filed by the Petitioner as another Petition, owing to two numbers to the same Petition given by the Registry, the Company Petition Number given to F-5 was listed before this Bench, whereas the transferred Petition with another CP number has been listed before Court No. 2, NCLT Mumbai.
(2.) Since this Bench was under the impression that the Petition listed before this Bench was original Company Petition, looking at the absence of the Petitioner, this Company Petition was dismissed for default. Since this party has now brought it to the notice of this Bench that the original Company Petition is still alive, the dismissal order passed in the Petition filed u/s 5 of Insolvency and Bankruptcy Code before this Bench, is understood to have been mistakenly passed under the impression that it was dismissing the original Petition.
(3.) Now this Bench has realised that mistake has crept in passing an order dismissing this Petition for default without looking into whether it is original Petition or something else, we, therefore, believe justice demands us to recall this order so that the party may pursue this case before the respective Bench by filing the Form-5 that was filed before this Bench.;