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)/7(KB)2026 and IA(COMPANIES ACT)/43(KB)2026, filed in the main company petition CP/620(KB)2017. The petitioner, Viren Ganeriwala, had filed a petition under Section 241 of the Companies Act, 2013 against Shiw Aambagan Complex Private Limited and its directors, Ramesh Kumar Prithani and Y.K. Choraria. The main petition was dismissed for non-prosecution on 19th December 2022 because the petitioner's advocate was not present when the matter was called. Subsequently, an application (IA/16/KB/2023) was filed to restore the petition, which was dismissed on 28th January 2026. The current applications sought rectification of an error in the previous restoration application and recall of the order dismissing it.

The key issue was a procedural error in the earlier restoration application (IA/16/KB/2023), where the posting date was incorrectly mentioned as 19th November 2022 instead of the correct date, 19th December 2022. The advocate admitted to this mistake and his casual approach. The tribunal strongly criticized the advocate's conduct, noting that he was in the court premises but failed to appear when the matter was called, relying on a malfunctioning display board instead. The bench observed that it is the duty of the advocate to be vigilant and not the court's responsibility to track dates.

Final Outcome

The tribunal, deciding that the client should not suffer for the advocate's negligence, allowed both applications. The order dated 28th January 2026 (which dismissed the restoration application) was recalled. The order dated 19th December 2022 (which dismissed the main company petition) was also recalled, and CP/620(KB)2017 was restored to its original file and position. However, this restoration was made conditional upon the payment of costs of ₹2,00,000 (Rupees Two Lakhs) to the Prime Minister's National Relief Fund. Proof of this payment must be produced for the restoration to take effect.

Topics: NCLT Procedure, Company Petition, Restoration of Case