# In the matter of Rudra Mercantile Pvt. Ltd. vs. Swastik Metaforge Pvt. Ltd.

> NCLAT judgment dated 2023-09-27. Citation: TCN-2023-NCLAT-00161. The appeal was filed against the order dated March 28, 2023, passed by the National Company…

- **Court:** NCLAT
- **Order date:** 27 Sept 2023
- **Citation:** TCN-2023-NCLAT-00161
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/rudra-mercantile-pvt-ltd-vs-swastik-metaforge-pvt-ltd-11d74e60

## Summary

### Background

The appeal was filed against the order dated March 28, 2023, passed by the National Company Law Tribunal, Bench-III, New Delhi, which dismissed an application (Rest.A-47/2023 in IB-2559(ND) 2019) filed by Rudra Mercantile Pvt. Ltd for restoration of the petition. The Adjudicating Authority dismissed the application seeking restoration of IB-2559/ND/2019, which had been dismissed for non-prosecution on August 5, 2023, due to a delay in filing the application after the limitation period, as per Rule 48(2) of NCLT Rules, 2016, without any application seeking condonation of delay.

## Facts

Rudra Mercantile Pvt. Ltd. filed an application (Rest.A-47/2023 in IB-2559(ND) 2019) seeking restoration of IB-2559/ND/2019, which was dismissed for non-prosecution on 05.08.2023. The application for restoration was filed on 21.02.2023, after the period of limitation provided under Rule 48(2) of NCLT Rules, 2016, without any application seeking condonation of delay. The Authorized Representative of the Appellant Company is a 75-year-old woman suffering from severe illness. The Appellant's previous counsel did not respond in time and later informed the Appellant that he could not appear before the Adjudicating Authority. The Adjudicating Authority dismissed the restoration application on 28.03.2023 due to the delay in filing. The Respondent opposed the appeal, stating

…

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority was correct in dismissing the application for restoration of the …

**Ratio:** Condonation of delay cannot be granted as a matter of course and such a liberal approach

…

**Reasoning:** The Adjudicating Authority dismissed the application for restoration because the

…

**Interpretation:** The legal principle emphasizes that delays in legal proceedings must be

…

**Application:** The Appellant's application for restoration was dismissed because it was filed

…

## Parties

- **Judges:** Anant Bijay…; Arun Ba…
- **Appellants:** Rudra Mercantile…
- **Respondents:** Swastik Metaforge…

## Timeline

- **2023-03-28 — Order of Adjudicating…**: The National Company Law Tribunal, Bench-III, New Delhi, passed an order dismissing an…
- **2023-08-05 — Dismissal for…**: IB-2559/ND/2019 was…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/rudra-mercantile-pvt-ltd-vs-swastik-metaforge-pvt-ltd-11d74e60