Miss Lucy
← All judgments

Richard B.T.H. Chou vs Registrar Of Companies West Bengal

National Company Law Appellate Tribunal16 July 2025

Ratio decidendi

The rule this decision rests on

The Tribunal allowed restoration of a dismissed appeal and condoned the delay on the basis of the appellant's age, health, and the death of his counsel, which left him unaware of the dismissal, with no objection from the respondent; the order restores the appeal to its original number and lists it for hearing on the merits.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

1NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCHNEW DELHIRestoration Application (AT) No.1 of 2025&IA No.8945 of 2024inCOMPANY APPEAL (AT) No.217 of 2025

In the matter of: Richard B.T.H. Chou Appellant Vs Registrar of Companies, West Bengal Respondent For Appellant: Ms Tanvi Luhariwala, Advocate. For Respondent: Mr Aditya Acharya, Mr. Sanjib Kumar Mohanty, Advocates. ORDER

HYBRID MODE 16.07.2025: This application No.1/2025 has been filed by the appellant

under Rule 11 read with Rule 31 of the NCLAT Rules, 2016 for restoration of

Company Appeal (AT) No.217 of 2020 which was dismissed on 19.07.2022 for

non-prosecution. The reasons given in the application for restoration is the

appellant is a 83 years old senior citizen, was unaware of dismissal due to AOR's

failure to communicate the outcome and further due to appellant's health issues

and because of which he was not able to get in touch with the Advocate who

unfortunately expired on 27.01.2023. The learned counsel for the appellant

prays for restoration of the appeal and to condone the delay to which the learned 2

counsel for the Respondent has no objection and he rather says the appeal be

heard on merits.

In the circumstances, considering the submissions of appellant and no

objection from the respondent, we allow the restoration application. The

Company Appeal (AT) No.217/2020 is restored to its original number. The

Restoration application No.1/2025 stands disposed of. Pending applications

filed alongwith Restoration Application are also disposed of.

Now list the appeal for hearing on 12.09.2025.

(Justice Yogesh Khanna) Member (Judicial)

(Mr. Indevar Pandey) Member (Technical) Bm/md

P

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