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Shyamyji Construction Co. (Through ... vs Dilip Buildcon Ltd

National Company Law Appellate Tribunal16 March 2026

Ratio decidendi

The rule this decision rests on

The court recognised a sufficient cause standard for condoning a 43-day delay in refiling an appeal, finding medical issues of the appellant to be sufficient cause for the delay. The court recalled its earlier dismissal for non-prosecution and restored the appeal to its original number, holding that the appellant's showing of sufficient cause justified recall of the order dismissing the appeal for non-prosecution.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI Restoration Application (AT) No. 9 of 2026 in Company Appeal (AT) (Ins) No. 482 of 2025 IN THE MATTER OF: Shyamji Construction Co. ...Appellants (Through Authorised Representative) Anil Bhatia Versus Dilip Buildcon Ltd. ...Respondents

Present: For Appellant : Present but appearance not marked. For Respondents : Mr. Harish Malik and Ms. Alankrita Singh, Advocates.

ORDER

(Hybrid Mode)

16.03.2026: I.A. No. 1580/2026

This is an application praying for condonation of 43 days refiling delay.

Ld. Counsel for the appellant submits that there were medical issues with

regard to the appellant due to which the delay was caused in refiling the

appeal. We find sufficient cause shown in the application. Refiling delay

condoned.

Restoration Application (AT) No. 9/2026

This is an application praying for restoration of the appeal which was

dismissed for non-prosecution on 16.12.2025.

We have heard Ld. Counsel for the applicant as well as Ld. Counsel for

the respondent. We find sufficient cause shown in the application for recall of

the order dated 16.12.2025, restoration application is allowed appeal is

restored in its original number.

As prayed by the appellant, list on 13.04.2026.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) harleen/MD

2 of 2 Restoration Application (AT) No. 9 of 2026 in Company Appeal (AT) (Ins) No. 482 of 2025

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