Authority: National Company Law Tribunal (NCLT), Kolkata Bench

Order Date: 12th June, 2026

Case Overview

This order pertains to two interlocutory applications (MA/11/2026 and IA/47/2026) filed in the main company petition CP/624/2017. The petitioner, Viren Ganeriwala, had filed a petition under Section 241 of the Companies Act, 2013 against Gita Reality Projects Private Limited and its directors, Ramesh Kumar Prithani and Y.K. Choraria, alleging oppression and mismanagement.

The CP was dismissed for non-prosecution on 19th December, 2022, as the petitioner's advocate was not present when the matter was called. Subsequently, an application (IA/13/2023) was filed to restore the petition. However, this application was dismissed on 28th January, 2026, because it incorrectly stated the hearing date as 19th November 2022 (a Saturday) instead of the correct date of 19th December 2022. The tribunal had noted that no reason was assigned for the non-appearance on the correct date.

The current applications sought to: (a) correct the typographical error of the date in the earlier application, and (b) recall the order dated 28th January 2026 and restore the main company petition. The petitioner's advocate admitted to the error in mentioning the date and the casual approach in drafting the restoration application. The advocate argued that his non-appearance on 19th December 2022 was unintentional, as he was waiting on the ground floor relying on a malfunctioning display board and was later informed by the respondents' counsel that the petition had been dismissed.

The tribunal, however, strongly criticized the advocate's conduct, stating that it was his duty to be vigilant and present in the courtroom when the matter was called, and that relying on a display board was not a sufficient excuse for non-appearance.

Final Outcome

Despite the criticism of the advocate's conduct, the tribunal allowed the applications, stating that the client should not suffer for the advocate's mistake. The order dated 28th January 2026 (which dismissed IA/13/2023) was recalled. The order of dismissal dated 19th December 2022 was also recalled, and CP/624/2017 was restored to its original file and position. This restoration is conditional upon the petitioner paying a cost of ₹200,000 (Rupees Two Lakhs) to the Prime Minister's National Relief Fund. The registry was directed to restore the petition only upon production of proof of this payment.

Topics: NCLT Procedure, Petition Restoration, Advocate Conduct