S Kannan vs Asian Paints Ltd And Others

In the matter of: S. Kannan Applicant Vs Asian Paints Ltd & Ors Respondent For Appellant: Mr T.N. Durga Prasad, Mr. Prakash, Mr. Shivalok Yashovardhan, Advocates. For Respondent: Ms Shweta Gupta, YP for CCI. ORDER

15.03.2023: I.A. No.1004/2023 have been filed for condonation of delay in

refiling of Restoration Petition. Delay of 38 days has occurred in refiling the

restoration petition. The reasons for delay has been explained in IA. We are

satisfied with the reasons explained in the IA. Accordingly delay in refiling

the restoration petition is condoned.

Heard Mr. T.N. Durga Prasad, learned counsel for the applicant on

restoration petition. The present restoration application No.04/2023 has

been filed with a prayer to restore the Competition Appeal (AT) No.47/2022 2

which stood dismissed on 01.11.2022 due to non-prosecution. In the

Restoration Application at para 18 the applicant has stated as under:-

"18. It is submitted that even when there is such an absence, the absence

of representation from a side on a single day does not, in practice, result

in summary disposal and dismissed of the entire case, in the High

Courts, as the case is again posted to another day under the category of

cases for dismissal, when the party concerned is permitted to explain the

absence and the case filed by appellant is continued to be heard without

being dismissed."

However, in the restoration application nowhere it has been stated the

reasons for non-appearance when the appeal was dismissed due to non-

prosecution. It is true that the Court is taking lenient view in the matter of

restoration application but as a matter of right it cannot claim to restore the

appeal. In the restoration application no reasons have been explained for

non- appearance rather averment has been made that the Court is duty

bound in allowing the restoration application.

We donot find any reasons to allow the restoration application. The

restoration application is accordingly dismissed.

(Justice Rakesh Kumar) Member (Judicial)

(Dr. Alok Srivastava) Member (Technical) Bm/gc