# In the matter of Akshaj Estate Private Limited

> NCLT judgment dated 2025-08-05. Citation: TCN-2025-NCLT-01262. 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-01262
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-new-delhi/akshaj-estate-private-limited-3e8bf91f

## Summary

### Background

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

The Applicant's counsel was unable to appear before the Tribunal due to a conflicting matter involving a sister concern of the Respondent.

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

The Tribunal allowed the restoration application subject to the payment of Rs. 1,00,000/- as cost.

## Issues and analysis

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

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

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**Reasoning:** The Tribunal considered the applicant's explanation for non-appearance and found it to be

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**Interpretation:** The Tribunal interpreted Rule 48(2) to allow for restoration in cases where

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**Application:** The Tribunal applied Rule 48(2) and restored the Company Petition subject to

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## Parties

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

## Timeline

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

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