(2025) ibclaw.in 06 NCLAT
IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Principal Bench, New Delhi
Manoj Properties Pvt. Ltd.
v.
Railanchor India Pvt. Ltd.
Comp. App. (AT) No.400 of 2024
Decided on 02-Jan-25
Mr. Justice Yogesh Khanna (Judicial Member) and Mr. Indevar Pandey (Technical Member)
Add. Info:
For Appellant(s):Â Mr. Sahil Ghai and Mr. Kunal Negi, AdvocatesÂ
Judgment/Order:
O R D E R
(Hybrid Mode)
2.1.2025 – This Appeal is against an impugned Order dated 18th September, 2024 vide which the Restoration Application No.36 of 2024 filed by the Appellant to restore the Company Petition (admittedly dismissed in default vide an Order dated 5th August, 2024) was dismissed.
2. It is the submission of the learned Counsel for the Appellant, the Appellant had appeared on each and every date prior to 5th August, 2024 and even on 5.8.2024, the main Counsel had logged in through VC but could not make his submissions before the learned NCLT due to some issue in his device as he could not switch on its audio video mode during the hearing and that it was only because of this reason, the petition i.e. CP (CAA) No.74/ND/2021 was dismissed for non-prosecution. It is the submission of the learned Counsel for the Appellant, the appearance of the Appellant was even recorded on 10th June, 2022 and thereafter the matter was adjourned on various occasions due to paucity of time as it did not reach for arguments. In any case, it is submitted no one shall be prejudiced if the Petition is restored to its original number since it is a case of amalgamation; the first motion having been allowed and this petition was for second motion.
3. Considering the submissions and the explanation given in para – 3 of the Application for restoration, we are of the opinion the Order dated 18th September, 2024 needs to be set aside subject to cost of Rs.10,000/– to be deposited with the Prime Minister’s Relief Fund within four weeks from today.
4. In view of the above, the Order dated 18th September, 2024 and consequently, the Order dated 5th August, 2024 are set aside. The Appeal is thus allowed. The Company Petition No. CP (CAA) No.74/ND/2021 is restored to its original number. Pending applications, if any, are also disposed of.
[Justice Yogesh Khanna]
Member (Judicial)
[Indevar Pandey]
Member (Technical)
Original judgment copy is available here.
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