Repeated non-appearance by a commercial litigant amounted to gross negligence, disentitling relief under Rule 48

R Mall Developers Pvt Ltd. Vs Lemon Chilli Veg Gaurmet Foods LLP (NCLAT Delhi) Conclusion: A commercial litigant could not evade the consequences of repeated non-appearance and negligence in prosecuting proceedings by shifting blame to counsel, and the Adjudicating Authority was justified in dismissing restoration applications under Rule 48 of the NCLT Rules, 2016 when the litigant demonstrated persistent lack of diligence. Held: Appellant had filed a Section 9 application under the Insolvency and Bankruptcy Code, 2016 before the NCLT, Mumbai Bench (Court-III). The petition was dismissed for...