Liberal condonation of restoration delay follows counsel's default, restoring the insolvency petition to file.

The Tribunal condoned a 38-day delay in filing restoration applications after the proceedings had been dismissed for default due to counsel's failure to take steps. It applied the settled principle that a litigant should not suffer for the fault of counsel and relied on its power under section 424(2) of the Companies Act, 2013 to set aside dismissal for default. Taking a liberal view on restoration delay, the Tribunal allowed the applications and restored the insolvency petition to file.

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Issues: Whether the delay of 38 days in filing the restoration application should be condoned and the insolvency petition restored.

Analysis: The restoration applications had been dismissed for default due to non-taking of steps by the advocate, and the applicant was not shown to be at fault. The Tribunal applied the settled approach that a litigant should not suffer for the fault of counsel and relied on its powers under section 424(2) of the Companies Act, 2013, which include setting aside orders of dismissal for default. A liberal view was taken in dealing with delay for restoration of the proceedings.

Conclusion: The delay was condoned and the restoration applications were allowed, with the result that the insolvency petition was restored to file.

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