.png)
BEFORE
THE HON’BLE NATIONAL COMPANY
LAW
TRIBUNAL, NEW DELHI BENCH
IB---------------
IN THE MATTER OF
Financial Creditor
Versus
--------------- ……Corporate Debtor
AN APPLICATION UNDER ORDER IX RULE 7 READ WITH SEC. 151 C.P.C FOR SETTING ASIDE EX-PARTE ORDER DATED --------- AGAINST THE CORPORATE DEBTOR
MOST RESPECTFULLY SHOWETH:
1. That the corporate debtor is filing the present application under Order IX Rule VII of CPC read with section 151 of C.P.C. for setting aside Ex-parte order dated ----------- passed by this Hon’ble Tribunal.
2. That, on ---------- the matter was fixed for the reply on behalf of the corporate debtor. It is submitted that none appeared on behalf of the corporate debtor on the said date and hence this Hon’ble tribunal decided to proceed exparte against the corporate debtor.
3. That it is submitted that the corporate debtor could not appear on the earlier date of --------- due to an --------------- whereby the present case was next listed for --------.
4. It is humbly submitted that on --------, the counsel of the corporate debtor made all due efforts to file his vakalatnama and the reply through both online and offline mode. However, the said reply could not be filed offline on the said date ----------------- and further the said reply could also not be filed online as ----------------- which led to some technical hindrance in E- Filing of the said reply.
5. It is also submitted that none appeared on behalf of the corporate debtor on the abovesaid date -------- due to some miscommunication regarding the next date of hearing.
6. That, thereafter, the present application along with the reply is prepared by the counsel without causing any further delay.
7. That it is submitted that great hardship will be caused to the corporate debtor in case the present application is not allowed and there is bonafide reason for his previous non appearance.
8. That the absence of the parties as well as the counsel on -------, was neither intentional nor deliberate but due to the above said reason. It was only due to the abovesaid reasons, neither the corporate debtor nor his counsel was present on --------.
9. That the present petition is at the initial stages and the reply is yet to be filed. Thus, the interest of justice will be served if the case is decided on merits.
10. That no prejudice is going to be caused to the financial creditor, if the order dated --------, whereby the corporate debtor/applicant have been proceeded ex-parte is set aside. The corporate debtor has a strong case and will suffer irreparable loss if the order is not set aside.
It is, therefore, most
respectfully prayed to this Hon’ble Court that the order dated ------- whereby
the corporate debtor/applicant has been proceeded ex-parte, may kindly be set
aside in the interest of justice.
New
Delhi
Dated:
Applicant/Corporate Debtor
Through
Advocate
BEFORE
THE HON’BLE NATIONAL COMPANY
LAW
TRIBUNAL, NEW DELHI BENCH
IB---------------
IN THE MATTER OF
------------------ ……Applicant/
Financial Creditor
Versus
AFFIDAVIT
I, ---------- S/o ---------- aged around
-- years do hereby solemnly affirm and declare as under:-
1. That I am the ------------- of the corporate debtor company in the above mentioned application and am well versed with the facts and circumstances of the case and hence competent to swear this affidavit.
2. That the accompanying application has been drafted on my instruction by my counsel and I have read the contents of the same and the same have also been read over to me in vernacular and the same are true and correct.
3. That the facts stated in the reply may be read as part and parcel of this affidavit which are not being repeated herein for the sake of brevity.
DEPONENT
VERIFICATION
Verified at Delhi on this ___ day of----------,
that the contents of the above affidavit are true and correct to the best of my
knowledge and nothing material has been concealed therefrom.
DEPONENT
