Authority: National Company Law Appellate Tribunal Principal Bench, New Delhi
Order Date: 21.08.2026
Case Overview
The National Company Law Appellate Tribunal (NCLAT) heard two connected restoration applications: Restoration Application (AT) No. 12 of 2026 in Comp. App. (AT) No. 202 of 2024 and Restoration Application (AT) No. 13 of 2026 in Comp. App. (AT) No. 100 of 2024. Both applications were filed by Sudha Commercial Company Ltd (Appellant) against Tirupati Infrastructure Pvt. Ltd. & Anr. (Respondents). The Respondents' counsel vehemently opposed the restoration applications on technical grounds, specifically challenging the manner of pleadings and the verification clause of the supporting affidavits. The opposition argued that the deponent who swore the affidavit could not properly verify the facts based on knowledge as depicted in the verification clause, rendering the applications procedurally defective.
Final Outcome
The NCLAT bench, comprising Justice Sharad Kumar Sharma (Member Judicial), Arun Baroka (Member Technical), and Indevar Pandey (Member Technical), permitted the Appellant to withdraw both restoration applications. The Tribunal granted liberty to the Appellant to file fresh applications to address the procedural deficiencies identified by the Respondents. The order was passed in hybrid mode on 21st August 2026.
Topics: Legal Proceedings, Corporate Litigation