M/S Indoworth India Ltd. Nagpur v. M/S Assets Reconstruction Company (India) Ltd. Mumbai

2024:BHC-NAG:12728 15-MCA-834-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

MISC. CIVIL APPLICATION NO. 834 OF 2024 IN CIVIL APPLICATION NO. 528 OF 2021 IN MISC. CIVIL APPLICATION ST. NO. 8356 OF 2021 IN COMPANY APPEAL NO. 4 OF 2012 (M/s. Indoworth India Ltd. Vs. M/s. Assets Reconstruction Company (India) Ltd.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. R.N. Chari, Counsel for the applicant.

.....

CORAM : ANIL L. PANSARE, J.

NOVEMBER 22, 2024 By present application, the applicant is seeking to restore Company Appeal No. 4/2012, which came to be dismissed on 21/1/2021. In fact, the applicant ought to have sought permission to restore Civil Application No. 528/2021, which was filed to condone delay in filing restoration application. The application, therefore, is entertained for restoration of Civil Application No. 528/2021.

2] The learned Counsel for the applicant submits and assures that he will diligently attend the matter.

3] On the basis of such assurance, order dated 15/3/2024 to the extent of dismissal of Civil Application No. 528/2021 is quashed and set aside. The order directing the applicant to pay cost will stand intact. The learned Counsel for the applicant submits that cost has been already deposited.

15-MCA-834-2024 4] The civil application is accordingly allowed. Civil Application No. 528/2021 is restored on file. CIVIL APPLICATION NO. 528/2021 IN MISC. CIVIL APPLICATION (ST) NO. 8356/2021 IN COMPANY APPEAL NO. 4/2012 5] Stand over to 6/12/2024.

(ANIL L. PANSARE, J.) Sumit