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Judgment
O R D E R
04.11.2022: Heard Mr. Ilesh Shukla Ld. Counsel for the Applicant. Mr. Anubhav Gupta Ld. Counsel for the Respondent No. 2 submits that it may be adjourned for filing Reply. Notice in the Restoration application was received by him on 12.09.2022. However, Ld. Counsel for the Respondent No. 2 Mr. Gupta submits that only notice was received and he did not receive the application. He submits that just now he has received the application and as such he needs some time to file Reply.
The present application has been filed for Restoration of Company Appeal (AT) (Ins) No. 531 of 2021 which stood dismissed on 20.07.2022 due to non-prosecution. While dismissing the appeal due to non-prosecution this tribunal has also noticed that one day earlier also i.e. 19.07.2022 there was none appearance. Ms. Shankari Mishra, Ld. Counsel appearing for R-1/RP submits that it is true that in restoration petition Mr. Gupta Ld. Counsel appearing for R-2 is making prayer for adjournment for filing Reply but in the main appeal, despite various opportunity being granted to Respondent No. 2, no Reply has been filed. Record shows that only vakalatnama is filed on behalf of Respondent No. 2, but no Reply has been filed till date.
In the Restoration Petition detailed reason has been assigned for none appearance. Fact remains that on both the dates i.e. 19.07.2022 & 20.07.2022, the court proceeding was being conducted in virtual mode. Accordingly, we are of the opinion that sufficient reason has been assigned in the restoration application for none appearance which obviously was not intentional.
Considering the ground taken in the restoration Petition we feel that it would not be appropriate to defer restoration only on the ground of filing Reply by a party who in the main petition despite repeated indulgence has not filed Reply. Accordingly the restoration Petition is allowed. Let the Appeal be restored to its original file and thereafter put up on 05.12.2022 under the caption ‘For Admission (After Notice)’ as the first case.
If anyone intends to file Reply it must be filed within ten days from today failing which their Reply may not be entertained by the Registry.