Avant Garde Cleanroom & Engg. Solutions ... vs Hll Biotech Limited
- CitationRestoration Application No. 35/2025
Ratio decidendi
The rule this decision rests on
Where a company appeal has been dismissed for want of prosecution because the appellant's counsel was absent through illness, and that absence was not intentional, the absence of counsel is not a ground to deny the appellant a hearing, and the dismissal order may be recalled and the appeal restored to its original number.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
In the matter of: Avant Garde Clean Room & Engg. Solutions Pvt. Ltd. ...Appellant V HLL Biotech Ltd. ... Respondent
Present : For Appellant : Ms. Ramya, Advocate For Respondent : No Appearance
ORDER
(Hybrid Mode) 23.12.2025:
None appears for the Respondent.
Pleadings in the company appeal has been exchanged.
This company appeal is listed for orders on the Restoration Application No.
35/2025, where the Appellant has sought a recall of the order dated 19.11.2025,
by virtue of which the said company appeal was dismissed for want of
prosecution. The grounds taken by the Appellant in the Restoration Application is
that the Ld. Counsel for the Appellant, who was supposed to appear on the said
date i.e., 19.11.2025, was ailing, due to which he was unable to appear on the said
date.
Since the absence of the Ld. Counsel cannot be said to be intentional, and
Company Appeal (AT) (CH) (Ins) No. 26/2023 Page 1 | 2 further, since the Appellant is not to be made suffer due to counsels absence, the
order dated 19.11.2025 is recalled. The Restoration Application No. 35/2025
would stand 'allowed'. The company appeal would stand restored to its original
number.
List this company appeal on 06.03.2026 under the head of admission.
[Justice Sharad Kumar Sharma] Member (Judicial)
[Jatindranath Swain] Member (Technical)
SN/MS/AK
Company Appeal (AT) (CH) (Ins) No. 26/2023 Page 2 | 2
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