Gladys Malini V vs Mr. Chandramouli Ramasubramaniam
- CitationRestoration Application No. 15/2025
Ratio decidendi
The rule this decision rests on
The Appellate Tribunal's reasoning rests on the following point: where the appellant has failed to appear and press an application for condonation of delay, the application is liable to be rejected, and a restoration application that depends on that condonation falls with it.
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. 15/2025 IN Company Appeal (AT) (CH) (Ins) No.146/2023 (IA No. 457/2025) In the matter of: Gladys Malini & Anr. ... Appellants V Chandramouli Ramasubramaniam, Liquidator of M/s. Effimax Engineers Pvt. Ltd. ... Respondent s
Present : For Appellants : No Appearance For Respondent : Mr. Bathri Narayan for Dr. S. Sathiyanarayanan, Advocates ORDER
(Hybrid Mode)
03.06.2025:
It is a very sadistic attitude adopted by the Appellant in pursuing the Appellate remedy, showing an absolute lack of diligence. After the institution of the appeal as back as on 30.12.2022, against an order admitting the Corporate Debtor into CIRP Proceedings, the Appellant had never appeared except for 13.07.2023 and 10.08.2023. The appeal was dismissed for want of prosecution on 25.07.2024. Seeking its recall, a Restoration Application No. 15/2025 has been preferred along with the Condone Delay Application being IA No. 457/2025, seeking condonation of 195 days of delay which has chanced in preferring the Restoration Application.
Restoration Application No. 15/2025 Page 1 of 2 Even today, despite repeated calls, none appears for the Appellant to press the Restoration Application as well as the Condone Delay Application, filed in support thereto.
The 'Condone Delay Application No. 457/2025' would stand 'rejected' and as a consequence, thereto the 'Restoration Application No. 15/2025' would too stand 'rejected'.
[Justice Sharad Kumar Sharma] Member (Judicial)
[Jatindranath Swain] Member (Technical)
SN/MS/RS
Restoration Application No. 15/2025 Page 2 of 2
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