Authority: National Company Law Tribunal, Kolkata Bench

Order Date: 12th June, 2026

Case Overview

This order pertains to two applications: MA(COMPANIES ACT)/10(KB)2026 and IA(COMPANIES ACT)/45(KB)2026, filed in the matter of Company Petition (CP) No. 621(KB)2017. The petitioner, Viren Ganeriwala, had filed a petition under Section 241 of the Companies Act, 2013 against Bangbhumi Realtors Private Limited and others. The CP 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/15/KB/2023) was filed to restore the petition but was dismissed on 28th January 2026. The current applications were filed to correct a clerical error in the previous restoration application (wrongly mentioning 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 heard the applicant's authorized representative, who admitted to the casual and faulty approach in the previous filing. The core issue was the advocate's failure to appear in court on the correct date (19.12.2022) and the subsequent error in the restoration application. The tribunal noted that the advocate's explanation—that he was waiting on the ground floor relying on a malfunctioning display board—was not a sufficient ground for recall, as it demonstrated a lack of vigilance.

Final Outcome

The tribunal allowed the applications. The order dated 28th January 2026 (which dismissed IA/15/KB/2023) is recalled. The order dated 19th December 2022 (which dismissed the main company petition for non-prosecution) is also recalled. Consequently, Company Petition No. CP/621(KB)2017 is restored to its original file and position. However, this restoration is conditional upon the petitioner paying a cost of ₹2,00,000 (Rupees Two Lakhs only) to the Prime Minister's National Relief Fund. The petitioner must produce proof of this payment to the registry.

Topics: NCLT Procedure, Petition Restoration, Conditional Cost