Blanket Hospitality Ventures Pvt Ltd vs Respondents
- CitationCompany Appeal (AT) (Ins) No. 253 of 2026
Ratio decidendi
The rule this decision rests on
Where a restoration application has been dismissed without the Adjudicating Authority addressing the reasons offered for the non-appearance and the delay, the omission to consider those reasons is itself a ground for setting aside the order, and the matter is to be revived and decided afresh on its merits in accordance with law.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Blanket Hospitality Ventures Pvt. Ltd. ...Appellants Versus --- ...Respondents
Present: For Appellant : Ms. Namitha Mathews and Mr. Pulkit Malhotra, Advocate. For Respondents : None.
ORDER
(Hybrid Mode)
10.02.2026: Heard counsel for the appellant.
2. This appeal has been filed against the order dated 08.12.2025 in
Restoration Application 92(MB)2025 by which the Adjudicating Authority by
the impugned order has rejected the restoration application 92(MB)2025. The
order passed by Adjudicating Authority is as follows:-
"ORDER RST.A 92/ 2025
1. This application has been filed by the Applicant seeking the following prayers:
a. Condone the delay of 159 days in filing the present Application;
b. Allow the present Restoration Application and consequently, restore C.P. (IB)/616 (MB)/2020 titled 'Blanket Hospitality Ventures Private Limited' and pass necessary Order(s); and c. Any other Order(s) as this Hon'ble Authority may deem fit in the facts and circumstances of the case.
2. It is stated that the CP 616 of 2025 was dismissed for non-
prosecution vide an order dated 05.05.2025. It is also seen that prior to that none appeared for the Applicant on 14.02.2025, on 26.02.2025 and on 28.03.2025 and hence, this CP was dismissed.
3. The present application has been filed belatedly with delay of 159 days.
4. There is no merit in the present application, and, therefore, the present application in CP 616 of 2020 is dismissed."
3. The appellant case is that the appellant has filed Section 10 application
which came to be heard and reserved for orders on 06.05.2024. It is
submitted that after several months the application was listed for clarification
by the Adjudicating Authority which unfortunately was not noticed by the
counsel for the appellant and no one could appear and ultimately the came to
be dismissed on 05.05.2025 and application for restoration has been filed on
10.11.2025, giving in detail the sequence of the events and cause for delay
and non-appearance, which has not been considered by Adjudicating
Authority.
4. We have considered the submission of the counsel for the appellant and
perused the record.
5. Para-3 & 4 of the order indicate that Adjudicating Authority has not
adverted to reasons given by the appellant in the restoration application
explaining the non-appearance and the delay in filing the application. We are
of the view that ends of justice be served in setting aside the order dated
2 of 3 Company Appeal (AT) (Ins) No. 253 of 2026 08.12.2025 and reviving the restoration application 92(MB)2025 for fresh
consideration.
In view of the aforesaid, the appeal is disposed of accordingly. The
restoration application 92(MB)2025 is revive for fresh consideration before the
Adjudicating Authority which may be heard and decided in accordance with
law.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) harleen/MD
3 of 3 Company Appeal (AT) (Ins) No. 253 of 2026
This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.
Research this judgment with Miss Lucy
Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.
Try Miss Lucy free