Case Note & Summary
The case involved multiple restoration applications filed by Manu Indrayan and Mohita Indrayan against Punjab National Bank and others. The appellants sought restoration of their appeals after their counsel could not appear due to poor network connectivity during a scheduled hearing on 08.01.2026. The respondents objected to the absence of the appellants, but the court considered the circumstances and the fact that pleadings were complete. The court decided to allow all restoration applications, emphasizing the need for justice and procedural fairness. It imposed a cost of Rs. 10,000/- for each appeal to be paid to the Prime Minister Relief Fund as a condition for restoration. The appeals were restored to their original numbers and scheduled for hearing on merit on 02.09.2026.
Headnote
A) Company Law - Restoration of Appeals - Allowance of Restoration Applications - National Company Law Tribunal Act, 2013 - The court allowed restoration applications for four appeals due to the appellant's absence caused by poor network connection, emphasizing the importance of procedural fairness and the completion of pleadings. The court imposed a cost of Rs. 10,000/- payable to the Prime Minister Relief Fund for each appeal as a condition for restoration. Held that the matters were ripe for final hearing and restored to original numbers (Paras 2).
Issue of Consideration
Whether the applications for restoration of appeals should be allowed due to the absence of the appellant caused by technical issues.
Final Decision
The court allowed all restoration applications, imposed a cost of Rs. 10,000/- for each appeal to be paid to the Prime Minister Relief Fund, and restored the appeals to their original numbers for hearing on 02.09.2026.
Law Points
- Restoration of appeals
- procedural fairness
- costs in litigation
