Authority: Supreme Court of India
Order Date: 14-10-2026
Case Overview
- Petitioners: Entegra Limited; Respondents: Shree Maheshwar Hydel Power Corporation Ltd. & another.
- Application sought restoration of Civil Appeal Diary No.5988 of 2026, arising from a final judgment dated 25-04-2025 (D No.2109/2025).
- The Court noted that the application is prima facie not maintainable, relying on the precedent set in CA Ramchandra Dallaram Choudhary vs. Adani Infrastructure and Developers Private Limited.
- Counsel for the petitioner cited a later judgment (Walchandnagar Industries Ltd. vs. Swaraj India Agro Ltd., Civil Appeal No.8807 of 2026) suggesting that multiple defect notifications could allow fresh opportunities to cure defects.
- The Solicitor General for the respondent argued that the Walchandnagar decision does not apply where the same defects are repeatedly notified and must be cured within a specified period.
- The Court examined the defect sheet (Volume‑VI of I.A. No.258133 of 2026) and observed that defects listed at Sl. No.16 were again notified on 23‑06‑2025, making the peremptory dismissal order applicable and distinguishing the case from Walchandnagar.
- The petitioner contested the correctness of the defect sheet entry for Defects No.3, 4, 8 and 11, claiming they were cured.
Final Outcome
- The Court ordered that the applicant be given two weeks to file an affidavit objecting to the defect sheet, specifying whether earlier‑notified defects were removed and, if so, when and how.
- If the affidavit is filed within the stipulated period, the Registry will have three weeks to submit a response.
- The matter is listed for further hearing on 09‑12‑2026.
Topics: Legal Procedure, Corporate Litigation