Case Note & Summary
The case involved an appeal filed by Festivity Realtors Pvt. Ltd. against an order of the National Company Law Tribunal (NCLT) dated 11.11.2025, which dismissed a restoration application for a company petition due to non-compliance with procedural requirements. The NCLT had previously dismissed the company petition on 07.10.2025 for failure to file an affidavit disclosing any pending investigations or proceedings against the companies as required under Section 230(2)(a) of the Companies Act, 2013. The appellants contended that although the affidavit was prepared, it was not filed due to an oversight by their legal counsel. The NCLAT considered the circumstances surrounding the delay and noted that the affidavit had indicated no pending investigations against the companies. The tribunal allowed the restoration application, set aside the NCLT's dismissal order, and restored the company petition, imposing a cost of Rs. 50,000 to be deposited in the Prime Minister’s National Relief Fund. The appeal was disposed of accordingly, and any pending applications were also addressed.
Headnote
A) Company Law - Restoration of Company Petition - Delay in Filing Affidavit - Companies Act, 2013, Section 230(2)(a) - The NCLAT allowed the restoration application as the delay in filing the affidavit was due to inadvertent oversight and not negligence, thus restoring the company petition to its original number. The court emphasized the need for compliance with procedural requirements but recognized the circumstances leading to the delay (Paras 6-6).
Issue of Consideration
Whether the delay in filing the affidavit warranted dismissal of the company petition.
Final Decision
The NCLAT allowed the restoration application, set aside the NCLT's dismissal order, and restored the company petition, imposing a cost of Rs. 50,000 to be deposited in the Prime Minister’s National Relief Fund.
Law Points
- Restoration of company petition
- compliance with procedural requirements
- affidavit submission
- Companies Act
- 2013
