# In the matter of Simoco Telecommunications (South Asia Pvt. Ltd. & Ors. Hytera Communications Corporation Limited & Ors. I.A. No. 3328 & 4841 of 2022 in Restoration Application No. 1 of 2023 in Company Appeal (AT) (Insolvency) No. 1116 & 1523 of 2022

> NCLAT judgment dated 2023-03-24. Citation: TCN-2023-NCLAT-00656. The document pertains to two Company Appeals (AT) Insolvency No. 1523 of 2022 and No. 1116 of…

- **Court:** NCLAT
- **Order date:** 24 Mar 2023
- **Citation:** TCN-2023-NCLAT-00656
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/simoco-telecommunications-south-asia-pvt-ltd-ors-hytera-communications-corporati-60b4c39c

## Summary

### Background

The document pertains to two Company Appeals (AT) Insolvency No. 1523 of 2022 and No. 1116 of 2022 before the National Company Law Appellate Tribunal (NCLAT). Restoration Application No. 1 of 2023 was filed in C.A.(AT) Insolvency No. 1523 of 2022, seeking recall of the order dated 04.01.2023, by which the appeal was dismissed for non-prosecution. I.A. No. 4841 of 2022 was filed for condonation of delay in filing the appeal against the order dated 12.07.2022. I.A. No. 3328 of 2022 was filed for condonation of delay in filing the Appeal being C.A. (AT) Ins. No. 1116 of 2022.

## Facts

Simoco Telecommunications (South Asia Pvt. Ltd.) filed an appeal against Hytera Communications Corporation Limited. Hytera Communications Corporation Limited also filed an appeal against Simoco Telecommunications (South Asia) Ltd. Restoration Application No. 1 of 2023 was filed to recall the order dated 04.01.2023, which dismissed Company Appeal (AT) Insolvency No. 1523 of 2022 for non-prosecution. The court found sufficient ground to recall the order. I.A. No. 4841 of 2022 was filed for condonation of delay in filing the appeal against the order dated 12.07.2022; the appeal was e-filed on 24th August, 2022, with a delay of 12 days. The applicant stated that the delay was due to the need to procure documents, instruct counsel, and due to severe health condition. I.A.

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## Issues and analysis

### Issue 1: Whether sufficient cause exists to recall the order dated 04.01.2023 dismissing Company Appeal (AT) …

**Ratio:** An appeal dismissed for non-prosecution can be restored if sufficient cause is shown for

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**Reasoning:** The court found sufficient ground to recall the order dated 04.01.2023, indicating that

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**Interpretation:** This implies that the court is willing to restore appeals dismissed for

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**Application:** The court applied this principle by allowing Restoration Application No. 1 of

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Simoco Telecommuni…
- **Respondents:** Hytera Communicati…

## Timeline

- **2023-01-04 — Order Dismissi…**: Order dated 04.01.2023 dismissing Company Appeal (AT) Insolvency No. 1523 of 2022 for…
- **2022-07-12 — Order Appealed…**: Order dated 12.07.2022 against…

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