Authority: National Company Law Tribunal Kochi Bench (Shri Vinay Goel, Member (Judicial) and Shri Ravichandran Ramasamy, Member (Technical))
Order Date: 17 June 2026
Case Overview
This application (IA(C/ACT)/137/KOB/2026) was filed in the matter of COMPANY APPEAL(C/ACT)/4/KOB/2025 between Gods Own Country Health Resorts International Private Limited (Applicant/1st Respondent) versus Anilkumar Santhamma Pillai Gopinathan and 2 Others. The applicant sought to set aside an ex parte order dated 05.01.2026 passed against them in the company appeal and requested permission to enter appearance and file a counter to contest the appeal on merits.
The respondent's counsel (appearing virtually) opposed the application, stating it merited dismissal and was filed merely to delay proceedings. The respondent suggested that if relief were to be granted, the applicant should be burdened with heavy costs.
Final Outcome
The NCLT Bench found the applicant's explanation for non-appearance unsatisfactory but decided to afford them an opportunity to contest the matter on merits. The order dated 05.01.2026 was recalled subject to the applicant paying a cost of ₹50,000 to be deposited into the National Defence Fund. The applicant must file a compliance memo confirming this payment. Additionally, the applicant's counsel was directed to file a counter affidavit within seven working days in the main company appeal (COMPANY APPEAL(C/ACT)/4/KOB/2025). The application was disposed of accordingly.
Topics: NCLT Proceedings, Corporate Litigation, Legal Costs