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Judgment
O R D E R
The Appellant seeks to recall the order of 28.02.2025, that was passed by this Appellate Tribunal, dismissing the company appeal under Rule 26 (3) & (4) of the NCLAT Rules, 2016. On the ground that after the institution of the appeal and marked as defective as back as on 11.09.2024, the defects were not rectified for a considerable long time, hence the appeal was dismissed.
Seeking its recall, the Appellant has filed a Condone Delay Application, in support of the Restoration Application No. 31/2025, which is supported with the IA No. 1252/2025 seeking Condonation of Delay that, has chanced in preferring the restoration application.
In fact, the manner in which, the proceedings have been taken by the Appellant after its institution in 2024 it shows an apparent carelessness on part of the Appellant in pursuing the appeal.
However, exclusively in the interest of justice, the delay, which has chanced in preferring the restoration application, would stand condoned accordingly, IA No. 1252/2025, would stand ‘allowed’. And the delay that, has chanced in preferring the Restoration Application No. 31/2025, would stand condoned. For the reasons, which has been given in the Restoration Application No. 31/2025, and upon being satisfied with the same, the order dated 28.02.2025 would stand allowed, the company appeal is restored to its Transitory (INS) No. 902006 / 2025.
The Appellant to rectify the defects within a period of one week from today, after assigning the company appeal to its regular number, and kwill be placed for orders before this Appellate Tribunal.