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)/12(KB)2026 and IA(COMPANIES ACT)/48(KB)2026 in the matter of CP/625(KB)2017. The petitioner, Viren Ganeriwala, had filed a company petition under Section 241 of the Companies Act, 2013 against Shiw Housing Private Limited and its directors, Ramesh Kumar Prithani and Y.K. Choraria. The principal petition (CP/625/2017) was dismissed for non-prosecution on 19th December, 2022, as the petitioner's advocate was not present when the matter was called. Subsequently, an application (IA/12/KB/2023) was filed seeking restoration of the petition, which was dismissed on 28th January, 2026. The current applications were filed to correct a clerical error in the previous restoration application (which wrongly mentioned 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 noted that the advocate-on-record admitted to being casual in his approach and filing a faulty application. The reason given for non-appearance was that the advocate was waiting on the ground floor watching the display board, which allegedly malfunctioned, and he only came to know of the dismissal when informed by the respondents' representative. The tribunal observed that this did not justify the non-appearance, as the advocate ought to have been vigilant and mentioned the matter immediately upon learning of the dismissal.

Final Outcome

The tribunal allowed the applications and recalled its order dated 28th January, 2026. The order of dismissal dated 19th December, 2022, was recalled, and the company petition (CP/625/2017) was restored to its original file and position. However, this restoration was made conditional upon the petitioner paying a cost of ₹2,00,000 (Rupees Two Lakhs Only) to the Prime Minister's National Relief Fund. The registry was directed to send email copies of the order to all parties and their counsel.

Topics: NCLT Proceedings, Petition Restoration, Legal Costs