Authority: National Company Law Tribunal, Kolkata Bench (Coram: Smt. Bidisha Banerjee, Hon'ble Member (Judicial) and Shri Siddharth Mishra, Hon'ble Member (Technical))

Order Date: 12th June, 2026

Case Overview

This order deals with two interconnected applications: MA(COMPANIES ACT)/8(KB)2026 and IA(COMPANIES ACT)/44(KB)2026 in the matter of CP/622(KB)2017. The petitioner, Viren Ganeriwala, had filed a company petition under Section 241 of the Companies Act, 2013 against Vandevi Housing Private Limited and two other respondents (Ramesh Kumar Prithani and Y.K. Choraria). The petition was dismissed for non-prosecution on 19th December, 2022 when neither the petitioner nor his advocate appeared before the tribunal. Subsequently, the petitioner filed IA(COMPANIES ACT)/17(KB)2023 seeking restoration of the petition, which was dismissed on 28th January, 2026. The current applications were filed to correct an error in the previous restoration application (where the posting date was wrongly mentioned as 19th November, 2022 instead of 19th December, 2022) and to seek recall of the order dismissing the restoration application.

The petitioner's advocate admitted to being casual in his approach and filing a faulty application. The explanation provided was that the advocate was present in the court premises on 19th December, 2022 but was watching the display board on the ground floor, which allegedly malfunctioned, causing him to miss when the matter was called. The tribunal noted that the advocate disappeared when matters were called and was fully responsible for the dismissal, and had casually drafted the restoration application.

Final Outcome

The tribunal, noting that the client should not suffer for the advocate's irresponsible conduct, allowed both applications conditionally. The order dated 28th January, 2026 dismissing IA(COMPANIES ACT)/17(KB)2023 was recalled. The order dated 19th December, 2022 dismissing CP/622(KB)2017 was also recalled, and the company petition was restored to its original file and position. However, this restoration is subject to the petitioner paying costs of ₹2,00,000 (Rupees Two lakhs only) to the Prime Minister's National Relief Fund. The registry was directed to send email copies of the order to all parties and their counsel.

Topics: NCLT Proceedings, Petition Restoration, Legal Costs