If the earlier application u/s 7 was dismissed for non-prosecution, it was always open to the Respondent to file fresh application u/s 7 – Venus Sugar Ltd. Vs. SASF – NCLAT New Delhi
NCLAT held that to maintain rule of natural justice right action was taken by the Hon’ble Member, who before signing the order, ordered to list the matter and inform the Appellant as otherwise it would have incurred more litigation. If the earlier application under Section 7 was dismissed for non-prosecution, it was always open to the Respondent to file fresh application under Section 7.