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Issues: Whether the impugned order of the National Company Law Tribunal should be set aside and the application restored to its file for fresh consideration.
Analysis: The parties did not seek adjudication on the merits before the High Court. In view of the respondent's submission, the matter was not examined substantively, and the course adopted was to set aside the NCLT's order and restore the application so that the State could respond to the notice and contest the proceedings before the Tribunal.
Conclusion: The impugned order was set aside and the application was restored to the NCLT for further proceedings.
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