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Judgment
ORDER
This Company Appeal was preferred by the Appellant being aggrieved against the impugned order dated 29.11.2023, that was rendered in IA No. 734/2022 in CP No. 1006/IB/2018.
The Company Appeal is accompanied with the Condone Delay Application being IA No. 1038/2024, being the delay condonation Application in refilling the Appeal. While passing an order by us we heard on 26.11.2024, rejected the said Application i.e. IA No. 1038/2024 and as a consequence of the Restoration App No. 04 & 05/2025 in Comp App (AT) (CH) (Ins) No. 380/2024 rejections of the Condone Delay Application in refilling, the Company Appeal too stood dismissed for want of prosecution.
The Appellant has filed a Restoration Application being IA No. 05/2025, praying to recall the order dated 26.11.2024 and to restore the Condone Delay Application, in refilling i.e. IA No. 1038/2024 to its original number and to consider the same on merits.
He has also filed an another Restoration Application No. 04/2025 , praying to recall the order dated 26.11.2024 by virtue of, which we have dismissed the Company Appeal too for want of prosecution.
The Restoration Application No. 05/2025, is accompanied with the Condone Delay Application, being IA No. 528/2025, where the Appellant has sought a condonation of 37 days of delay, that has chanced in preferring the restoration Application, seeking recall and for the restoration of the Delay Condonation Application in refilling. Similarly, he has also filed a Condone Delay Application, being IA No. 1113/2025, seeking condonation of 37 days of delay, that has chanced in filing the restoration Application, seeking restoration of the Company Appeal to its original number.
In the application thus preferred by the Appellant seeking recall of the order dated 26.11.2024, for the purposes of restoring the delay condonation Application in refilling i.e. IA No. 1038/2024, as well as Company Appeal Restoration App No. 04 & 05/2025 in Comp App (AT) (CH) (Ins) No. 380/2024 (AT)(CH)(Ins) No. 380/2024, the reason has been contained in para 2(2) of the Restoration Application that, it was owing to the connectivity issue and technical glitch, they were unable to participate in the proceedings, when the matter was called on 26.11.2024. Similar, ground has been taken for the purpose of seeking the restoration of the Company Appeal. However, the ground which has been taken by the Appellant, they do not repose much confidence in the absence of there being any credible material on record; the diligence being expressed by the Appellant, and the reasons to unable to put appearance when the Appeal was dismissed for want of prosecution on 26.11.2024. But still the possibility of each of connectivity and technical glitch cannot be outrightly ruled out.
But, exclusively for the purpose of equity and for an effective adjudication of the lis on its merit, the order dated 26.11.2024 would stand recalled. The Application seeking condonation of delay in refilling of the Appeal, as well as, the Company Appeal, too would stand restored to its original number.
The Restoration Application No. 4 & 5/2025, would stand allowed, along with the Condone Delay Application No. 528/2025 & 1113/2025. However, the restoration of the Appeal would be subject to the payment of cost of Rs. 10,000, which would be deposited by the Appellant in the Prime Minister’s Relief Fund, within a period of 1 week from today. If the amount is not deposited, as per today’s order passed by us of restoring the Appeal, the order dated Restoration App No. 04 & 05/2025 in Comp App (AT) (CH) (Ins) No. 380/2024 26.11.2024 would automatically revive back, and the Company Appeal would be deemed to be dismissed.
If the cost is not paid within the aforesaid time period, the Appeal would stand automatically dismissed without reference to the Bench.
List this Appeal on 09.09.2025, under the same caption, i.e. “For Orders”.