PG Holiday Inn Pvt. Ltd. Vs Bencomar Hotels (Goa) Pvt. Ltd. & Ors. (NCLAT Delhi)
PG Holiday Inn Pvt. Ltd. v. Bencomar Hotels (Goa) Pvt. Ltd. and Ors. – Restoration of Company Petition Dismissed for Want of Prosecution and Non-Filing of Vakalatnama upon Conditional Payment of Costs
National Company Law Tribunal Rules – Vakalatnama – Restoration application – Dismissal for want of prosecution. The appeal arose from dismissal of a restoration application on the ground that the company petition had remained pending since 2018, compliances were not done, vakalatnama was not filed, and the petitioner’s absence was not bona fide. Held that the record showed that earlier counsel had withdrawn vakalatnama, subsequent adjournments were stated to have occurred on account of paucity of time and technical glitch, and on 18-2-2026 counsel had appeared through video conference seeking accommodation to place vakalatnama on record. Since pleadings were complete and the matter was ripe for final arguments, the appellant ought to be given one more opportunity to argue the case on merits. Accordingly, the impugned order dated 18-3-2026 and the order dated 18-2-2026 were set aside, the restoration application was allowed, and the appeal was allowed subject to payment of costs of Rs. 50,000 to the respondents, with a request to the NCLT to hear the matter expeditiously, preferably within three months.
