Richard B.T.H. Chou vs Registrar Of Companies West Bengal
- CitationCOMPANY APPEAL (AT) No.217 of 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
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