M/S Euris Consult Pvt. Ltd vs Registrar Of Companies (Nct Of Delhi & ...

Euris Consult Pvt. Ltd. ....Appellant

Vs.

Registrar of Companies & Ors. ....Respondents

Present: For Appellant:- Mr. A.K. Pathak, Advocate. For Respondent:- Mr. Kamal Kant Jha, Sr. Panel Counsel for GOI and Ms. Mitika Raja, AROC for R-1. Mr. Nikhil Jain, Advocate for Punit Rai, Sr. Standing Counsel for Income Tax. For R-2.

ORDER

14.11.2022: The Appellant - Euris Consult Pvt. Ltd. filed the instant

Appeal being aggrieved and dissatisfied by the order dated 08.10.2021 passed

by the National Company Law Tribunal (New Delhi, Court-IV) in RA-

05/ND/2021 Appeal No. 470/252/ND/2019 whereby and whereunder the

application filed for restoration of appeal under Section 252 of the Companies

Act, 2013 was rejected.

2. The Ld. Counsel for the Appellant submits that the Tribunal failed to

consider the fact that due to restricted functioning of the Tribunal on account of

Covid, the appellant could not appear before the Tribunal.

3. The Ld. Counsel for the Respondent No. 1 / ROC filed his Reply Affidavit

and opposed the prayer made by the Appellant in the instant Appeal. Further it

has been stated that there is no ground for restoration of the appeal.

4. After hearing the parties and going through the impugned order passed by

the Tribunal, the impugned order dated 08.10.2021 passed by the National -2-

Company Law Tribunal (New Delhi, Court-IV) in RA-05/ND/2021 Appeal No.

470/252/ND/2019 is hereby set aside and the appeal is restored to the original

file subject to deposition of cost of Rs. 11,000/- in the fund of Ministry of

Corporate Affairs. Since the parties have appeared before the Tribunal, therefore,

no notice is required. The parties are directed to appear before the Tribunal on

11.01.2023 and after hearing the parties, the Tribunal may pass appropriate

orders in the matter. The Ld. Counsel for the Appellant is also directed to file

receipt showing payment of aforesaid amount before the fixed date.

With these observations and directions, the instant Appeal is disposed of.

5. Registry to upload the Order on the website of this Appellate Tribunal and

send the copy of this Order to the National Company Law Tribunal (New Delhi,

Court-IV), forthwith.

[Justice Anant Bijay Singh] Member (Judicial)

[Ms. Shreesha Merla] Member (Technical)

R.N./Kam./