Pradeep Kishan Hirani Through His Power ... vs 5-Elements And Anr

Restoration Application No. 26 of 2023 in Company Appeal (AT) (Ins.) No. 357 of 2023

IN THE MATTER OF: Pradeep Kishan Hirani ....Applicant

Vs.

5 Elements ....Respondent

Present: For Appellant: Dr. Pankaj Garg, Sr. Advocate, Mr. Milind Garg, Mr. Yaksh Garg, Advocates. For Respondent: Ms. Dyuti Ghai (RP), Mr. R.K. Bali, Ms. Meghna Bali, Advocates for R-1.

ORDER

(Hybrid Mode)

28.02.2024: Company Appeal (AT) (Ins.) No. 357 of 2023 was filed on

06.03.2023 against an impugned order dated 17.02.2023. An Interlocutory

Application viz I.A No. 1203-1204 of 2023 was also filed along with the appeal

for exemption in filing the certified copy of the impugned order. The appeal was

taken up on 24.03.2023 wherein the notice was issued and the pleadings were

directed to be complete and that the appeal was listed for hearing on

03.05.2023. It could not be heard on that day and ultimately it was posted on

04.10.2023. On 04.10.2023 it was taken up when it was pointed out to the

Learned Counsel that I.A. No. 1203-1204 of 2023 for exemption in filing the

certified copy is still pending and on 04.10.2023 it was disposed of but with a

direction to file the certified copy on the next date i.e. 05.10.2023.

Company Appeal (AT) (Ins.) No. 357 of 2023 -2-

2. It is submitted by the Learned Counsel for the Applicant the said

certified copy could not be procured on 05.02.2023 but was procured and filed

on 09.10.2023 in the Registry but the Registry refused asking inter alia to file

an application before this Tribunal. The said application was filed on

23.10.2023 with the certified copy. It is submitted that for this procedural

delay, the appellant should not be non-suited.

3. We have also heard the Learned Counsels for the Respondents.

Considering the fact that the exemption application was allowed and that the

time was granted to the appellant to submit the certified copy of the impugned

order by 05.10.2023 but the said certified copy could only be made available to

the Applicant on 09.10.2023, and it could only be filed on 23.10.2023 for

reasons stated above, we are of the view that for this procedural delay the

appellant should not be non-suited and hence we condone the delay and

restore the appeal to its original number subject to cost of Rs. 20,000/- each to

be paid to the respondents equally.

4. Let the Resolution Professional file a Status Report of the proceedings

pending, within two weeks with a advance copy to the Learned Counsel for the

appellant.

5. List this appeal for 'hearing' on 25.04.2024.

[Justice Yogesh Khanna] Member (Judicial)

[Mr. Arun Baroka] Member (Technical)

sa/md

Company Appeal (AT) (Ins.) No. 357 of 2023