Authority: National Company Law Tribunal (NCLT), Kolkata Bench
Order Date: 12th June, 2026
Case Overview
This order pertains to two interconnected applications: MA(COMPANIES ACT)/9(KB)2026 and IA(COMPANIES ACT)/46(KB)2026, filed in the main company petition CP/623(KB)2017. The petitioner, Sushil Kumar Ganeriwala, had filed a petition under Section 241 of the Companies Act, 2013 against Chinamara Properties Private Limited and its directors, Ramesh Kumar Prithani and Y.K. Choraria. The main petition was dismissed for non-prosecution by the NCLT on 19th December, 2022, as the petitioner's advocate was not present when the matter was called. Subsequently, the petitioner filed IA/11(KB)2023 seeking restoration of the petition, which was dismissed on 28th January, 2026. The current applications were filed to correct a clerical error in the previous restoration application (which wrongly mentioned the hearing date as 19th November 2022 instead of 19th December 2022) and to seek recall of the order dated 28th January, 2026. The tribunal noted the advocate's casual approach and failure to appear when the matter was called, despite being in the court premises. The advocate admitted the error in mentioning the date and the lapse in appearance.
Final Outcome
The NCLT allowed both applications. The order dated 28th January, 2026, dismissing IA/11(KB)2023, was recalled. The order dated 19th December, 2022, dismissing the main company petition CP/623(KB)2017 for non-prosecution, was also recalled. The petition was restored to its original file and position, conditional upon the petitioner paying a cost of ₹2,00,000 (Rupees Two Lakhs) to the Prime Minister's National Relief Fund. The restoration is subject to the production of proof of payment.
Topics: NCLT Proceedings, Petition Restoration, Legal Costs