Authority: National Company Law Tribunal, Kolkata Bench
Order Date: 12th June, 2026
Case Overview
This matter concerns an application under Section 241 of the Companies Act, 2016 and Rule 48 of the NCLT Rules, 2016. The petitioner, Viren Ganeriwala, had filed a company petition (CP/626/KB/2017) against Lookline Residency Private Limited and its directors Ramesh Kumar Prithani and Y.K. Choraria. The petition was originally dismissed for non-prosecution on 19th December 2022 when the petitioner's advocate failed to appear during the hearing.
The petitioner subsequently filed IA/14(KB)/2023 seeking restoration of the petition, which was dismissed on 28th January 2026 by the tribunal. The current applications MA/13(KB)/2026 and IA/42(KB)/2026 were filed to correct procedural errors in the previous restoration application and seek recall of the dismissal order.
The tribunal noted that the advocate-on-record had admitted to being "casual in his approach" and filing a faulty application with incorrect dates. The advocate claimed he was present in court premises but missed the matter due to overcrowding and malfunctioning display boards. However, the tribunal observed that the advocate "disappeared when the matters were called" and was "fully responsible for dismissal of the matters for default."
Final Outcome
The tribunal allowed both applications MA/13(KB)/2026 and IA/42(KB)/2026. The order dated 28th January 2026 dismissing IA/14(KB)/2023 was recalled, and the dismissal order dated 19th December 2022 in CP/626(KB)/2017 was set aside. However, the restoration was made conditional upon payment of costs of ₹2,00,000 (Rupees Two lakhs only) to the Prime Minister's National Relief Fund. The company petition was directed to be restored to its original file and position subject to production of proof of payment.
Topics: NCLT Proceedings, Company Petition Restoration, Legal Costs