Restoration in an Insovency Petition

G. ARAVINTHAN (Querist) 01 November 2008 This query is : Resolved

An Insolvency petition is dismissed for default. What is the procedure to restore it?

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smilingadvocate (Expert) 01 November 2008
Yes U can file the restoration petition under order 9 rule 9 of C.P.C. AS the insolvency act does not contain any such provisions as to the procedure the as such the C.P.C is applicable and an application under order 9 rule 9 cpc can be filed

Srinivas.B.S.S.T (Expert) 02 November 2008
Section 18 of Provincial Insolvency Act states that the procedure laid down in the CPC with respect to the admission of the plaints, shall, so far as it is applicable, be followed in the case of insolvency petitions. As we all knows that CPC can be termed as blood of any special legal enactment unless and untill there is a specific ouster clause. If there is no specific provision in a special act then we can safely rely upon the CPC for the same. So in this just case as my friend suggested you, you can resort to CPC for redressal of your greivance.