# In the matter of Akshaj Estate Private Limited

> NCLT judgment dated 2025-08-05. Citation: TCN-2025-NCLT-01256. The case pertains to a Restoration Application (IBC)/53(ND) 2025 filed in CP (IB) NO.…

- **Court:** NCLT
- **Order date:** 5 Aug 2025
- **Citation:** TCN-2025-NCLT-01256
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-new-delhi/akshaj-estate-private-limited-1fd8b2d2

## Summary

### Background

The case pertains to a Restoration Application (IBC)/53(ND) 2025 filed in CP (IB) NO. 263/ND/2025 seeking the restoration of a Company Petition that was dismissed for non-prosecution.

## Facts

Creative Capital Services Ltd. filed a Company Petition (I.B.) NO. 263 of 2025, which was dismissed for non-prosecution on 05.06.2025.

The applicant filed a Restoration Application (IBC)/53(ND) 2025 to restore the dismissed Company Petition.

The applicant's counsel could not appear before the Tribunal when the matter was called due to being engaged in another related matter.

The Tribunal found the non-appearance to be unintentional and not deliberate.

The Restoration Application was allowed subject to the payment of Rs. 1,00,000/- as cost.

The restored Company Petition was listed on 25.08.2025.

## Issues and analysis

### Issue 1: Whether the Company Petition (I.B.) NO. 263 of 2025, which was dismissed for non-prosecution, …

**Ratio:** Rule 48(2) of the NCLT Rules allows for the restoration of a petition dismissed for

…

**Reasoning:** The Tribunal considered the applicant's explanation that their counsel was engaged in

…

**Interpretation:** The Tribunal interpreted Rule 48 liberally to allow for the restoration of the

…

**Application:** The Tribunal applied Rule 48 and restored the petition subject to the payment

…

## Parties

- **Judges:** MANNI SANKARIAH…; ATUL CHAT…
- **Appellants:** Creative Capital…
- **Respondents:** Akshaj Estate…
- **Advocates:** Paras M…

## Timeline

- **2025-04-27 — Filing of Company…**: Company Petition (I.B.)…
- **2025-05-06 — Dismissal of Company…**: Company Petition (I.B.) NO. 263 of 2025…

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