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Adidas India Marketing Private Limited vs Ravi Sethia

National Company Law Appellate Tribunal26 May 2026

Ratio decidendi

The rule this decision rests on

Where an application has been dismissed for non-prosecution on the premise that the applicant failed to comply with a direction to supply a written note, but the applicant establishes that it had in fact filed the written note and served a copy on the other side on the date fixed, the dismissal cannot be sustained on that ground, and the order is set aside and the application restored for fresh consideration in accordance with law.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHI

Comp. App. (AT) (Ins) No. 898 of 2026 IN THE MATTER OF: Adidas India Marketing Pvt. Ltd. ...Appellant(s)

Versus Ravi Sethia Resolution Professional of Future ...Respondent(s) Lifestyles Fashion Ltd. Present: For Appellant : Mr. Suraj Raj Kesherwani, Advocate.

For Respondents : Mr. J. Rajesh, Ms. Rahat, Ms. Nandita, Mr. Arsalan Ahmed, Mr. Yashwardhan Aggarwal, Mr. Ali Abbas Masoodi, Advocates.

ORDER

(Hybrid Mode)

26.05.2026 Heard Ld. Counsel for Appellant as well as Ld. Counsel for

Respondent.

2. This Appeal has been filed against the Order dated 11/03/2026, by

which I.A. 5930/ 2026 filed by the Appellant has been rejected.

Order passed on 11/03/2026 is as follows :

"IA 5930/2026 : Counsel for the Applicant was directed to supply a copy of the written note However, till date no written note has been submitted. We are of the view that the Applicant is not interested in pursuing the matter. Accordingly, IA No 5930/2026 is dismissed for non- prosecution."

3. Ld. Counsel for the Appellant submitted that Appellant has also filed

the written notes on 06/03/3036 after sending copy to the other side on

same day.

4. It is submitted that on 11/03/2026, when order was passed, written

notes were already submitted but it may not be reflected in the DMS Portal.

Be as it may.

5. Appellant's case is that he has filed written notes after sending copy to

the other side, the rejection of the Application on the ground of non-

prosecution cannot be maintained.

6. We thus set aside the order dated 11/03/2026, and revive the

I.A. 5930/2026 for fresh consideration in accordance with law.

7. With the above observation, Appeal is disposed of.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Prerana/md

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