Case Note & Summary
The National Company Law Appellate Tribunal dealt with Restoration Application No. 16 – 20 of 2026 concerning Company Appeal (AT) (Ins) No. 418 - 422 of 2024. The appellant, Sundeep Shah, sought to recall an order dated 31.01.2026, which dismissed the company appeal for want of prosecution. The dismissal was attributed to the absence of the appellant's counsel, who was engaged in a matter before the Apex Court. The appellant filed the restoration application after a delay of 43 days, which was initially opposed by the respondents on the grounds that the reasons provided for the delay were not sustainable. The respondents argued that the explanation regarding the clerk's family emergency was concocted and insufficient. However, the Tribunal acknowledged the possibility that documents could have been in the custody of the clerk and found merit in the appellant's explanation. Consequently, the Tribunal condoned the delay in refiling the restoration application. Upon hearing the parties, the Tribunal determined that the absence of counsel constituted sufficient cause for the dismissal of the appeal and thus allowed the restoration application. The order dated 31.01.2026 was recalled, and the company appeal was restored to its original number, with a direction to list the appeal on 11.09.2026.
Headnote
A) Company Law - Restoration of Appeal - Condonation of Delay - Company Appeal (AT) (Ins) No. 418 - 422 of 2024 - The appellant sought to recall the dismissal order due to absence of counsel, attributing delay to clerk's family emergency. The Tribunal found merit in the explanation and condoned the delay, restoring the appeal to its original number. Held that sufficient cause was established for restoration (Paras 4-5).
Issue of Consideration
Whether the delay in refiling the restoration application should be condoned and whether the appeal should be restored.
Final Decision
The Tribunal allowed the restoration application, condoned the 43 days delay in refiling, and restored the company appeal to its original number.
Law Points
- Restoration of appeal
- Condonation of delay
- Sufficient cause for absence
