Apr 28, 2023

NCLAT Clarifies Position on Restoration of Appeals Dismissed for Non-prosecution

As background, S. Kannan (‘Appellant’) had filed an Information before the CCI. Subsequently, the CCI passed an Order under Section 26(2) of the Act, preliminarily closing the matter (‘Impugned Order’). The Appellant preferred an appeal against the Impugned Order before the NCLAT (‘Appeal’). [1]

On November 1, 2022, the NCLAT dismissed the Appeal for non-prosecution. Thereafter, the Appellant filed a restoration application which was dismissed by the NCLAT by its Order dated March 15, 2023 (‘Order’).

The NCLAT in its Order noted that courts generally take a lenient view qua restoration applications. However, the same cannot be claimed as ‘a matter of right’. The NCLAT rejected the restoration application on the basis that no reasons had been provided for non-appearance. On the contrary, it had been averred that the Court was duty bound to allow restoration applications.

[1] Restoration Application No. 04 of 2023 in S. Kannan v. Asian Paints & Ors., CA (AT) No. 47 of 2022.




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