Mausumi Bhattacharjee vs Vikram Bajaj
- CitationCompany Appeal (AT) (Insolvency) No. 1230 of 2025
Ratio decidendi
The rule this decision rests on
The Appellate Tribunal, while the adjudicating authority has already restored an application dismissed for non-prosecution, will interfere with the cost imposed as a condition of restoration only where it is shown to be excessive in the circumstances of the case; on that basis the cost of Rs.1 lakh is reduced to Rs.25,000 having regard to the facts, including that the application was being listed for the first time when dismissed for non-prosecution.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Mausumi Bhattacharjee ...Appellant Versus Vikram Bajaj, RP for Arjun Industries Ltd. ...Respondent
Present: For Appellant : Mr. Mrinal Harsh Vardhan, Ms. Rituparna Patra and Mr. Aaksh Bhat, Advocates.
For Respondent : Mr. Aditya Gauri, Mr. Amar Vivek, Ms. Damini Sreshta, Mr. Anant Jain and Mr. Aryan Chhabra, Advocates for RP.
ORDER
(Hybrid Mode)
19.08.2025 : Heard counsel for the appellant as well as counsel for the
RP.
2. This appeal has been filed against an order dated 15.07.2025 passed in
RA-29(ND)/2025. Adjudicating authority by the impugned order has allowed
the RA and restored the I.A. No.685/2025 but subject to payment of cost of
Rs.1 lakh to be deposited in the Prime Minister's Relief Fund.
3. Learned counsel for the appellant has raised only one submission that
the cost imposed be reduced. He submits that the application was listed for
the first time which was dismissed for non-prosecution.
4. Be that as it may, the adjudicating authority having already allowed the
restoration and restored the I.A.685/2025, no further observations are
required. However, looking into the facts of the present case, we are of the
view that cost imposed be reduced to Rs.25,000/-.
Appeal disposed of accordingly.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) himanshu/nn
Comp. App. (AT) (Ins.) No. 1230 of 2025 2 of 2
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