Authority: National Company Law Tribunal (NCLT), New Delhi Principal Bench
Order Date: 08 June 2026
Case Overview
This order pertains to a restoration application (RA-66/2026) filed by Murthal Auto (P) Ltd. (the Petitioner/Applicant). The application sought to restore the main company petition, TP(Co. Act)-10(PB)/2023 (Old CP No. 802/2016), which was filed against Hylex Trade Links (P) Ltd. (the Respondent/Non-Applicant) under Sections 433(e) and 433(f) of the Companies Act, 1956. The main petition had been dismissed for want of prosecution by the NCLT on 19 November 2025.
The applicant's counsel, Mr. Prateek Kushwaha and Mr. Dhimaan Dutta, argued that the dismissal order incorrectly recorded that no one had appeared for the petitioner on 19 November 2025. They contended that counsel had appeared via video conferencing, a fact supported by evidence from the chat box record of the hearing. An affidavit of service confirming the respondent had been served was filed on 02 April 2026.
The bench, comprising Justice Anupinder Singh Grewal (President) and Shri Ravindra Chaturvedi (Member (Technical)), heard the submissions and perused the chat box record from 19 November 2025. The record confirmed the appearance of the applicant's counsel, establishing that their non-appearance had been inadvertently recorded in the dismissal order.
Final Outcome
The Tribunal allowed the restoration application (RA-07/2025). Consequently, the original company petition, TP(Co. Act)-10(PB)/2023 (Old CP No. 802/2016), stands restored to its original position. The registry was directed to list the matter for the next hearing on 24 August 2026. The parties were also directed to complete all pleadings in the interim.
Topics: NCLT Proceedings, Petition Restoration, Corporate Legal Dispute