In the matter of Elevation Medisolutions LLP Vs. National Company Law Tribunal, Kolkata & Anr. CA(AT)(Ins) No. 59 of 2020

In the matter of Mr. Rashesh Purohit Vs. Punjab National Bank & Anr. CA(AT)(Ins) No. 1453 of 2019Nobody appears for the Appellant. This appeal preferred by Corporate Debtor through Promoter is not maintainable against the order of admission. There is also delay of more than 15 days beyond 30 days, which cannot be condoned. There is no cause of action which is evident from the impugned order dated 6th September, 2019, which is as follows:-

Ld. Counsel for the Operational Creditor appears. None appears for the Corporate Debtor. We are told that corporate debtor has filed application for setting aside the ex-parte order. The application filed by the corporate debtor being found defective, stands disposed off. Matter to appear for ex parte hearing against the corporate debtor on 15.10.2019.”

The appeal is accordingly dismissed.

[Justice S. J. Mukhopadhaya]

Chairperson

[Justice Bansi Lal Bhat]

Member (Judicial)

[Justice Venugopal M.]

Member (Judicial)