Delta Finster Limited vs Muhammed Abdul Jabbar Arackal
- CitationRestoration Application No.11/2025
Ratio decidendi
The rule this decision rests on
The Tribunal may recall a dismissal order and restore an appeal dismissed for non-rectification of defects, notwithstanding that the explanation for the counsel's absence and the continued default is unsatisfactory, where the submissions made and the registry's communication about listing justify a lenient view; such restoration may be made conditional on a short time-bound direction to rectify defects, failing which the appeal stands dismissed under Rule 26(3) and (4) of the NCLAT Rules, 2016, and on payment of costs.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
NATIONAL COMPANY LAW APPELLATE TRIBUNAL AT CHENNAI (APPELLATE JURISDICTION) Restoration Application No.11/2025 In Company Appeal (AT) (CH) No.900956/2024 In the matter of: Delta Finster Ltd & 3 Ors. ...Appellants V Muhammed Abdul Jabbar Arackal & 3 Ors. ...Respondents
Present : For Appellants : Mr. T.K. Bhaskar, Advocate For Mr. Sandeep Kumar Ambalavanan, Advocate
ORDER
(Hybrid Mode) 01.04.2025:
The Appellant has preferred this Restoration Application, being Restoration
Application No. 11/2025, praying for, recall of the order dated 25.10.2024, by
virtue of which the Appeal was dismissed on the ground of non-rectification of
defects within the time provided. Though the grounds for absence of the
Appellant's counsel on 25.10.2024 and for continued default in defect rectification
as narrated in Para 3, of the restoration application is not satisfactory, but owing to
the submissions extended by the Ld. counsel for the Appellant and in the light of
the e-mail communication made by the registry of this Appellate Tribunal on
7.11.2024, with regards to the listing of the matter, a lenient view is taken.
Restoration Application No. 11/2025 Page 1 of 2
The order dated 25.10.2024, is recalled and the Appeal is restored to its
transitory number.
The Appellant is directed to rectify the defects within a period of 1 week
from today, and if the defects are not rectified within the aforesaid period, the
Appeal would stand 'dismissed' under Rule 26 (3) & (4) of NCLAT Rules,2016.
The Restoration of the Appeal would be subject to the payment of the Cost
of Rs. 5,000/- to be deposited within a period of 3 days from today to the Prime
Minister's relief fund.
[Justice Sharad Kumar Sharma] Member (Judicial)
[Jatindranath Swain] Member (Technical)
GL/RS
Restoration Application No. 11/2025 Page 2 of 2
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