- (1.) By this order we propose to dispose of an application for the restoration of the company petition, bearing the title Rodhey Shayam Sharma vs. Shrimat Mahoveer buildcom Private limited & Ors. (118/ND/2013) to its original number. It needs must be said that by order dated 23.08.2016 of this tribunal the said petition was dismissed in default of the petitioner.
(2.) The crux of the application of the petition filed by his counsel is that his non-appearance was neither intentional nor wilful but it was because of a miscommunication between his main counsel and junior associates. The date noted by the counsel in his diary was 07.07.2016 which was declared as a holiday on account of Eid and the next date noted in the counsel's diary was 15.09.2016 instead of 15.07.2016.
(3.) Ld. Counsel of the Petitioner/applicant has proceeded to state that when he appeared before the court on 15.09.2016, to his dismay he found that the petition had has been dismissed on the ground of his non-appearance. He was labouring under this belief that the date of hearing was 15.09.2016 and, therefore, in the interests of justice the petition may be restored.;