Peopleâ’S All India Anti-Corruption ... vs Usha International Ltd. & Ors
- CitationRestoration Application No. 13 of 2022
Ratio decidendi
The rule this decision rests on
The restoration order rests on the Tribunal's finding, on the facts disclosed in the restoration petition, that the appellant's counsel's non-appearance was not intentional but arose from a cause beyond his control, and that this justified restoring an appeal dismissed for non-prosecution. The Tribunal expressly reserves any opinion on the delay in refiling the appeal, leaving that question to be decided at admission of the main appeal.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: People's All India Anti-Corruption and ...Appellant Crime Prevention Society (IP) Versus Usha International Ltd. & Ors. ...Respondents Present: For Appellant : Mr. Nikhilesh Kumar, Advocate For Respondents : Mr. Pawan Sharma, Mr. Anuj Shah, Advocates for R-1. Ms. Shama Nargis, Deputy Director for CCI.
ORDER
14.11.2022: Heard.
The Present Application has been filed for Restoration of Competition
Appeal (AT) No. 46 of 2022 which stood dismissed due to non-prosecution on
13.10.2022.
Ld. Counsel for the Appellant Mr. Nikhilesh Kumar by way of referring to
fact disclosed in the restoration petition submits that non-appearance was not
intentional. He failed to appear due to the reason which was beyond his
control.
After hearing Ld. Counsel for the Appellant Mr. Nikhilesh Kumar, Mr.
Pawan Sharma, Ld. Counsel for the Respondent No. 1 as well as Deputy
Director CCI, Ms. Shama Nargis and considering the facts and circumstances,
we consider it appropriate to allow the restoration petition. Accordingly, the
restoration petition is allowed. It is directed to be restored on its original file. -2-
It is made clear that the Appeal itself was belatedly refiled i.e. after
expiry of 223 days. At the moment we are not recording any opinion on the
point of delay. It will be kept open to be decided at the time of admission of the
main Appeal.
After restoration, the Appeal is directed to be listed on 14.12.2022.
[Justice Rakesh Kumar] Member (Judicial)
[Dr. Ashok Kumar Mishra] Member (Technical)
sr/gc
Restoration Application No. 13 of 2022 In Competition Appeal (AT) No. 46 of 2022
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