Antariksh Softech Private Limited vs D-Vois N Ssv Broadband Private Limited

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NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH NEW DELHI COMPANY APPEAL (AT) NO.298/2025 In the matter of: Antariksh Softech Pvt Ltd & Anr Appellant Vs D-VOIS SSV Broadband Pvt Ltd & Ors Respondent For Appellant: Mr Krishnendu Datta, Sr Advocate, Mr. Siddhant Grover, Mr. Yajas Achal, Advocates. For Respondent: Counsel for Respondent No.2 to 4 appeared through VC. ORDER

HYBRID MODE 02.12.2025: This appeal is filed by the appellant against an impugned order

dated 19.11.2025. Learned counsel for Respondents No. 2 to 4 appears through

VC. There is no representation on behalf of Respondent No.5. However, learned

counsel for Appellant submits, let the Respondent No.5 be deleted from the array

of parties as Respondent No.5 is only a proforma party. Stands deleted.

2. The appeal is against an impugned order dated 19.11.2025 by which the

company petition was dismissed for want of prosecution as the amended memo

of parties, for which initially, the time was granted on 07.05.2025, could not be

filed on 07.05.2025 as well as on 19.11.2025, the date fixed. Accordingly the

learned NCLT passed the following order:-

As per the submission of the Ld. Counsel of the Petitioner Company, it was noted that the Petitioner Company has since marge with the holding Company that is "Antariksh Softtech Private Limited," and therefore, the Ld. 2

Counsel sought time to amend the memo of parties/cause title. As per his request made on 07.05.2025, the time was granted and matter was listed for further consideration on 09.07.2025. However, subsequently the matter did not reach the board and it is listed today for consideration. Today when the matter is called identical submission is being made by the Ld. Counsel of the Petitioner that since the Petitioner Company has merge with its holding Company that is "Antariksh Softtech Private Limited," there is a requirement of amendment in the memo of parties/cause title and accordingly, a short accommodation may be granted. From the above facts, we note that despite a passage of more than 6 (six) months from 07.05.2025, the Petitioner Company has not carried out the amendment in the memo of parties/cause title as was requested on 07.05.2025, and allowed by this Court. This fact clearly depicts that the Petitioner Company is not interested to pursue the matter and for no plausible reasons the Petitioner Company wants to keep this matter on board. Accordingly, the Company Petition which is pending since 2021 is dismissed for want of prosecution and the connected Company Applications or IAs with this CP becoming infructuous are also dismissed.

3. Considering the submissions made by both the parties, we extend the time

for filing amended memo of parties by four weeks. The appellant to comply with

the order and to file an amended memo of parties within four weeks from today.

Thus the impugned order dated 19.11.2025 is set aside while allowing the

appellant to file amended memo of parties within four weeks from today. In case

the same is not filed within 4 weeks, the concession given vide this order shall

stand withdrawn and the impugned order shall operate.

4. The appeal is thus allowed, subject to payment of cost of Rs.30000/- to

Respondents No.2 to 4. Pending applications No.7324 and 7325/2025 are also

disposed of.

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7. Dasti.

(Justice Yogesh Khanna) Member (Judicial)

(Mr. Ajai Das Mehrotra) Member (Technical) Bm/rr