Case Note & Summary
The matter involved two company appeals concerning Sudha Commercial Company Ltd. as the appellant against Tirupati Infrastructure Pvt. Ltd. and another as respondents. The appeals were listed for orders on the respective Restoration Applications, specifically Restoration Application (AT) No. 12 of 2026 in Comp. App. (AT) No. 202 of 2024 and Restoration Application (AT) No. 13 of 2026 in Comp. App. (AT) No. 100 of 2024. The respondents' counsel vehemently opposed the contents of the applications, arguing that the pleadings and the verification clause of the affidavits did not adequately support the applications. The deponent of the affidavits was unable to verify the facts based on knowledge as required. Consequently, the Tribunal dismissed the Restoration Applications as withdrawn, allowing the appellants the liberty to file fresh applications. The decision was made by Justice Sharad Kumar Sharma and members Arun Baroka and Indevar Pandey.
Headnote
A) Company Law - Restoration Applications - Dismissal of Applications - Not applicable - The Restoration Applications were dismissed as withdrawn due to the inadequacy of the verification clause in the supporting affidavits, which failed to substantiate the claims made in the applications. The court granted liberty to the appellants to file fresh applications (Paras 1-2).
Issue of Consideration
Whether the Restoration Applications should be allowed or dismissed based on the verification of the affidavit.
Final Decision
The Restoration Applications were dismissed as withdrawn, with liberty granted to the appellants to file fresh applications.
Law Points
- Restoration applications
- verification clause
- dismissal of applications
