Sri Ganraj Buildcon Pvt Ltd vs Shashi Bhushan Nagar
- CitationCompany Appeal (AT) (Ins) No. 1182 of 2025
Ratio decidendi
The rule this decision rests on
An order allowing a restoration application that gives no reasons, and does not even record the submissions of counsel, is a non-speaking order which cannot stand; the Adjudicating Authority is bound to state reasons for its decision, and such an order is liable to be set aside and the application remitted for a fresh decision in accordance with law.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Sri Ganraj Buildcon Pvt. Ltd. ...Appellants Versus Shashi Bhushan Nagar ...Respondents
Present: For Appellant : Ms. Sukanya Joshi, Advocate. For Respondents : Presence not marked.
ORDER
(Hybrid Mode)
19.08.2025: Heard counsel for the Appellant as well as Ld. Counsel for
the Respondent.
This appeal has been filed against the order dated 10.07.2025 in which
Rest.A- 137/2024 in the impugned order is to the following effect:-
"ORDER"
Rest.A-137/2024
In view of the submissions made by Ld. Counsel appearing on behalf of the parties, Rest.A-137/2024 is allowed.
IB (IBC) No./517/2023 is restored to its original position.
List IB (IBC) No./517/2023 on 30.07.2025."
Ld. Counsel for the appellant submits that the restoration has been
allowed by a non-speaking order. A perusal of the order indicates that no
reasons have been given by Adjudicating Authority for allowing the
restoration application. Not even submission of the counsel for the appellant
is recorded in the order. We are of the view that in ends of sub-justice be served in setting aside the order dated 10.07.2025 and reviving the Rest.A-
137/2024 before Adjudicating Authority for passing a fresh order in
accordance with law. Order accordingly. The appeal is disposed of.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) harleen/NN
2 of 2 Company Appeal (AT) (Ins) No. 1182 of 2025
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