Case Note & Summary
The matter involved a restoration application concerning a company appeal that had been dismissed for want of prosecution. The appellant, Rishikesh Kishorbhai Patel and others, filed a restoration application after their appeal was dismissed on 22.07.2026. The appellant provided reasons for their absence, which were considered by the tribunal. The tribunal decided to recall the dismissal order, restoring the company appeal to its original number, contingent upon the payment of costs amounting to Rs. 30,000 to the respondents within one week. The tribunal scheduled the next hearing for the appeal on 10.09.2026, emphasizing that the appeal would only be taken up on merits after proof of the cost payment was submitted. The decision was made by a bench comprising Justice Sharad Kumar Sharma and Members Arun Baroka and Indevar Pandey.
Headnote
A) Company Law - Restoration of Appeal - Conditions for Restoration - Not applicable - The company appeal was dismissed for want of prosecution and was restored upon the appellant's request, subject to payment of costs to the respondents. The court directed the restoration of the appeal upon the condition that costs are paid within a specified timeframe (Paras 1-2).
Issue of Consideration
Whether the company appeal can be restored after being dismissed for want of prosecution.
Final Decision
The tribunal restored the company appeal, subject to the payment of Rs. 30,000 to the respondents within one week.
Law Points
- Restoration of appeal
- Cost payment
- Prosecution dismissal
