Naresh Jain vs Jmc Metals Private Limited & Anr
- CitationRestoration Application No. 16 of 2023
Ratio decidendi
The rule this decision rests on
The delay in refiling a restoration application may be condoned where the applicant shows sufficient cause, here a file misplaced in the applicant's advocate's office. Non-prosecution of an appeal may be set aside and the appeal restored to its original number where the applicant shows sufficient cause for the non-appearance, here the unavailability of the counsel, who was based in Mumbai, due to personal exigencies on the date of hearing.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Naresh Jain ...Appellant
Versus
JMC Metals Pvt. Ltd. & Anr. ...Respondents
Present: For Appellant: Mr. Vasu Goyal, Advocate.
For Respondents: Ms. Diksha Dadu and Mr. Sunil Fernandes, Advocates.
ORDER
12.10.2023: I.A. No. 4629 of 2023: This is an application praying for
condonation of 65 days' delay in refiling the Restoration Application. The
ground taken in the application is that the file was misplaced in the office of
the advocate of the applicant. Cause shown sufficient, refiling delay is
condoned.
This is an application for restoration of appeal. It is submitted that
Appeal was earlier dismissed for non-prosecution on 23.05.2023. The ground
taken in the affidavit is that the Counsel who was appearing in the case was
from Mumbai and due to certain personal exigencies could not travel to Delhi
on the said day. We allow Restoration Application. Appeal is restored to its
original number.
Cont'd.../ -2-
List the Appeal on 06.11.2023.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical)
[Arun Baroka] Member (Technical) Archana/nn
Restoration Application No. 16 of 2023 in Company Appeal (AT) (Insolvency) No.599 of 2023
This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.
Research this judgment with Miss Lucy
Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.
Try Miss Lucy free