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Manoj Properties Private Limited & Anr vs N/A

National Company Law Appellate Tribunal2 January 2025

Ratio decidendi

The rule this decision rests on

The Tribunal's power to restore a company petition dismissed for non-prosecution is exercised where the appellant's explanation for the default, set out in its restoration application, is found sufficient, and the Tribunal considers that no party will be prejudiced by restoration; on that footing the dismissal order and the order refusing restoration may be set aside, subject to costs.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHIComp. App. (AT) No.400 of 2024IN THE MATTER OF:

Manoj Properties Pvt. Ltd. ....Appellant

Vs.

Railanchor India Pvt. Ltd. ....Respondent

Present: For Appellant: Mr. Sahil Ghai and Mr. Kunal Negi, Advocates For Respondent:

ORDER

(Hybrid Mode) 2.1.2025 - This Appeal is against an impugned Order dated 18th

September, 2024 vide which the Restoration Application No.36 of 2024 filed by

the Appellant to restore the Company Petition (admittedly dismissed in default

vide an Order dated 5th August, 2024) was dismissed.

2. It is the submission of the learned Counsel for the Appellant, the Appellant

had appeared on each and every date prior to 5th August, 2024 and even on

5.8.2024, the main Counsel had logged in through VC but could not make his

submissions before the learned NCLT due to some issue in his device as he could

not switch on its audio video mode during the hearing and that it was

only because of this reason, the petition i.e. CP (CAA) No.74/ND/2021

was dismissed for non-prosecution. It is the submission of the

learned Counsel for the Appellant, the appearance of the

Appellant was even recorded on 10th June, 2022 and thereafter

the matter was adjourned on various occasions due to paucity of time as it did 2

not reach for arguments. In any case, it is submitted no one shall be prejudiced

if the Petition is restored to its original number since it is a case of amalgamation;

the first motion having been allowed and this petition was for second motion.

3. Considering the submissions and the explanation given in para - 3 of the

Application for restoration, we are of the opinion the Order dated 18th September,

2024 needs to be set aside subject to cost of Rs.10,000/- to be deposited with

the Prime Minister's Relief Fund within four weeks from today.

4. In view of the above, the Order dated 18th September, 2024 and

consequently, the Order dated 5th August, 2024 are set aside. The Appeal is thus

allowed. The Company Petition No. CP (CAA) No.74/ND/2021 is restored to its

original number. Pending applications, if any, are also disposed of.

[Justice Yogesh Khanna] Member (Judicial)

[Indevar Pandey] Member (Technical)

rs/md

Comp. App. (AT) No.400 of 2024

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