Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Rule 48(2) of the NCLT Rules governs restoration of a petition dismissed for non-appearance and requires an application within thirty days on showing sufficient cause. The NCLAT held that a restoration request filed about five months after dismissal for non-prosecution was time-barred and could not be saved by inherent powers under Rule 11 or the general power to extend time under Rule 15, because those powers cannot override an express procedural mandate. It also found no sufficient cause for condonation, noting repeated absence, prolonged non-prosecution and inadequate vigilance despite reliance on counsel's lapse. The rejection of restoration was upheld.
Rule 48(2) of the NCLT Rules governs restoration of a petition dismissed for non-appearance and requires an application within thirty days on showing sufficient cause. The NCLAT held that a restoration request filed about five months after dismissal for non-prosecution was time-barred and could not be saved by inherent powers under Rule 11 or the general power to extend time under Rule 15, because those powers cannot override an express procedural mandate. It also found no sufficient cause for condonation, noting repeated absence, prolonged non-prosecution and inadequate vigilance despite reliance on counsel's lapse. The rejection of restoration was upheld.
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