Northern Steel Fab Industries ... vs For Appellant:Mr Nikhil Kr Verma

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NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH NEW DELHI COMPANY APPEAL (AT) NO.288 OF 2025 In the matter of: Northern Steel Fab Industries Pvt Ltd & Ors Appellant Vs

For Appellant:Mr Nikhil Kr Verma, Mr. Anurag Janardan, Mr Kapil Sharma, Advocates. For Respondent: ORDER

HYBRID MODE 12.01.2026: This appeal is filed against an order dated 26.08.2025 passed by

Ld. National Company Law Tribunal, New Delhi in New Restoration

Application/43/ND/2025 in CP/122/ND 2023. The impugned order is as

under:-

New Restoration Application /43/ND/2025 This is an application filed under Rule 11 of the National Company Law Tribunal Rules, 2016 for Restoration of Application which was dismissed for non-appearance. The prayers made in the application are mentioned below:

a) Allow this application and restore the main Company Petition bearing No. CP/122/ND/2023, which was dismissed for non-prosecution vide order dated 22.07.2025;

b) List the main matter for hearing on a convenient and early date, so as to enable the Applicant to pursue the same on merits;

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c) Pass such further orders or directions as this Hon'ble Tribunal may deem just, fit and proper in the interest of justice.

Considering the facts and circumstances mentioned in the application, this Tribunal finds no valid reason to restore the main Company Petition bearing No. CP/122/ND/2023 which was dismissed for non-prosecution vide order dated 22.07.2025. Consequently, New Restoration Application /43/ND/2025 stands dismissed.

2. It is the submission of the learned counsel for the appellant that the

authorized representative of the appellant, Mr Vivek Kumar was present on

04.03.2025 and 03.06.2025. On 03.06.2025 the authorized representative

marked his attendance but his presence could not be reflected in the order sheet,

due to technical oversight. However, it is submitted that on 04.03.2025 nothing

material was done by the Ld. NCLT. On 03.06.2025 the petition was though

listed before the Ld. NCLT but was adjourned due to paucity of time. It is

submitted the authorized representative of the appellant was also present on

22.07.2025 through virtual mode and marked his attendance in chat box but

his attendance was never noted in the impugned order dated 22.07.2025. It is

in these circumstances this appeal is filed.

3. Considering the submissions made by the learned counsel for the

appellant we set aside the impugned order and direct for fresh hearing of New

Restoration Application No.43/2025 giving an opportunity to the appellant to

present its case on the date fixed.

4. With the above observations, the appeal stands disposed of. 3

Pending applications viz IA No.7121 and 7122 of 2025 are also disposed

of.

(Justice Yogesh Khanna) Member (Judicial)

(Mr. Ajai Das Mehrotra) Member (Technical) Bm/rr