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Judgment
10.02.2026: Heard counsel for the appellant.
This appeal has been filed against the order dated 08.12.2025 in Restoration Application 92(MB)2025 by which the Adjudicating Authority by the impugned order has rejected the restoration application 92(MB)2025. The order passed by Adjudicating Authority is as follows:-
“ORDER
RST.A 92/ 2025
1.This application has been filed by the Applicant seeking the following prayers:
a. Condone the delay of 159 days in filing the present Application;
b. Allow the present Restoration Application and consequently, restore C.P. (IB)/616 (MB)/2020 titled 'Blanket Hospitality Ventures Private Limited' and pass necessary Order(s); and
c. Any other Order(s) as this Hon'ble Authority may deem fit in the facts and circumstances of the case.
2.It is stated that the CP 616 of 2025 was dismissed for non-prosecution vide an order dated 05.05.2025. It is also seen that prior to that none appeared for the Applicant on 14.02.2025, on 26.02.2025 and on 28.03.2025 and hence, this CP was dismissed.
3.The present application has been filed belatedly with delay of 159 days.
4.There is no merit in the present application, and, therefore, the present application in CP 616 of 2020 is dismissed.”
The appellant case is that the appellant has filed Section 10 application which came to be heard and reserved for orders on 06.05.2024. It is submitted that after several months the application was listed for clarification by the Adjudicating Authority which unfortunately was not noticed by the counsel for the appellant and no one could appear and ultimately the came to be dismissed on 05.05.2025 and application for restoration has been filed on 10.11.2025, giving in detail the sequence of the events and cause for delay and non-appearance, which has not been considered by Adjudicating Authority.
We have considered the submission of the counsel for the appellant and perused the record.
Para-3 & 4 of the order indicate that Adjudicating Authority has not adverted to reasons given by the appellant in the restoration application explaining the non-appearance and the delay in filing the application. We are of the view that ends of justice be served in setting aside the order dated 08.12.2025 and reviving the restoration application 92(MB)2025 for fresh consideration.
In view of the aforesaid, the appeal is disposed of accordingly. The restoration application 92(MB)2025 is revive for fresh consideration before the Adjudicating Authority which may be heard and decided in accordance with law.