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Jayaprakash Narayana Rao vs M/S Metocorp Infrastructure Ltd

National Company Law Appellate Tribunal17 December 2024

Ratio decidendi

The rule this decision rests on

The Tribunal may restore an appeal dismissed for want of prosecution where the non-appearance of the appellant's earlier counsel resulted from his name not being recorded in the cause list, and where the grounds pleaded in the restoration application are found to be genuine; upon such a finding the dismissal order is 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

NATIONAL COMPANY LAW APPELLATE TRIBUNAL AT CHENNAI (APPELLATE JURISDICTION) Restoration Application No. 14/2024 TA (AT) No.137/2021 (Company Appeal (AT) (Ins) No.1236/2019) In the matter of: Shri Jayaprakash Narayana Rao N.R. ... Appellant/ Applicant V M/s. MetroCorp Infrastructure Ltd. ...Respondent WITH Restoration Application No.18/2024 TA (AT) No.138/2021 (Company Appeal (AT) (Ins) No.1239/2019) In the matter of: Kartik Kalevar & 14 Ors. ... Appellant/ Applicant V M/s. MetroCorp Infrastructure Ltd. ...Respondent Present : For Appellant : Mr. S M Vivekanandh, Advocate For Respondent : Mr. Abhijit Attur, Advocate

ORDER

(Hybrid Mode) 17.12.2024:

These two Company appeals are listed on respective Restoration

Applications, being Restoration Application No. 14/2024 & Restoration

Application No.18/2024. The Respondent's counsel upon being noticed by this

Appellate Tribunal has put an appearance and he prays that he may be permitted

to file his Vakalath on record, he may do so within a period of 2 weeks.

After having heard the learned counsel for the Applicants on the

Restoration Applications and particularly considering the reasons, which have

TA (AT) Nos.137 & 138/2021 Page 1 of 2 been given in para 2 (III) & para 2 (IV), where the previous counsel for the

Appellant was unable to attend the proceedings on the previous date because his

name was not recorded in the cause list. As the grounds taken in these applications

for restoration seem to be genuine, the Restoration Application would stand

allowed.

The respective order dated 21.06.2024 dismissing the appeals for want of

prosecution would stand recalled, and the Company appeals would stand restored

to its original number.

Put up this matter on 13.02.2025 for hearing at admission stage.

[Justice Sharad Kumar Sharma] Member (Judicial)

[Jatindranath Swain] Member (Technical)

GKJ/TM/MS

TA (AT) Nos.137 & 138/2021 Page 2 of 2

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