Authority: National Company Law Tribunal, New Delhi Principal Bench
Order Date: 09.06.2026
Case Overview
This order pertains to Restoration Application RA-58/2025, filed in the matter of Transfer Petition TP (Co. Act.)- 10(PB)/2024 (Old CP No. 34/2014). The underlying petition, between Bernina International Pvt. Ltd. (Petitioner) and M/s Piccadily Hotels Pvt. Ltd. (Respondent), was dismissed for want of prosecution on 08.10.2025. The applicant's counsel, Mr. Deepak Bashta, submitted that his non-appearance on the dismissal date was due to a personal difficulty. He further stated he had been appearing on all previous occasions and had received communication from the respondent's counsel on 06.10.2025 indicating that compromise efforts were ongoing, leading him to believe adjudication might not be necessary. The respondent's counsel, Mr. Nikhil Fernandes, stated he had no objection to the restoration of the petition, confirming the non-appearance was due to the applicant's counsel's personal difficulty.
The bench, comprising Justice Anupinder Singh Grewal (President) and Shri Ravindra Chaturvedi (Member Technical), observed that the counsel's absence appeared bona fide given his consistent previous appearances. Noting the respondent's lack of objection and that it would be in the interest of justice to hear the case on its merits, the bench allowed the restoration.
Final Outcome
The application RA-58/2025 was allowed. The main Transfer Petition, TP (Co. Act.)- 10(PB)/2024, was restored to its original position. The matter was listed for the next hearing on 25.08.2026.
Topics: NCLT Procedure, Company Petition, Restoration