ORDER :

This Civil Revision Petition is filed under Section 115 of Civil Procedure Code (for short ‘CPC’) questioning the validity and legality of impugned order dated 26.04.2022 in I.A.No.1778 of 2021 in O.S.No.778 of 2013 on the file of the learned Chief Judge, City Civil Court at Hyderabad.

2. This application in I.A.No.1778 of 2021 was filed by the petitioner/plaintiff under Section 5 of Limitation Act to condone the delay of 915 days in filing an application to restore the Original Suit. The learned Chief Judge, City Civil Court, Hyderabad, on careful appreciation of the entire material available on record, dismissed this application holding that there are no bonafides in the petition and the same is liable to be dismissed. Feeling aggrieved by the order impugned dated 26.04.2022 this Civil Revision Petition is filed.

3. Heard learned counsel for the revision petitioner and the respondent. The submissions made on either side have received due consideration of this Court.

4. The admitted or undisputed facts of the case are that the revision petitioner is the plaintiff in O.S.No.778 of 2013, a suit filed for recovery of a sum of Rs.46,24,500/-. Before filing the suit, the plaintiff has filed a Company Petition for winding up of the company vide C.P.No.34 of 2011 on the file of this Court. All the original documents were filed in the said Company Petition. During pendency of the said Company Petition, the matter was transferred from High Court to National Company Law Tribunal (for short ‘NCLT’), Hyderabad. It is also an undisputed fact that on transfer of C.P.No.34 of 2011 to NCLT, Hyderabad it was rejected on 26.06.2020 and an appeal was preferred before the National Company Law Appellate Tribunal (for short ‘NCLAT’) challenging the rejection order dated 26.06.2020 but the same was also dismissed by Appellate Tribunal on 01.02.2021.

5. It is the case of the petitioner/plaintiff that at this juncture the petitioner/plaintiff made an enquiry and found that the Original Suit in O.S.No.778 of 2013, filed by the plaintiff, was dismissed for default on 03.08.2018 and this information was received by the petitioner on 30.06.2020 accordingly, the revision petitioner/plaintiff has filed I.A.No.1778 of 2021 before the learned Chief Judge, City Civil Court, Hyderabad to condone the delay of 915 days in filing an application to restore the Original Suit in O.S.No.778 of 2013 but the same was dismissed by the trial Court.

6. Whereas the specific case of the respondent/ defendant is that the revision petitioner/plaintiff has taken several adjournments from 12.04.2017 to 05.02.2018, finally on 03.08.2018 the suit was dismissed for default for non-prosecution. Though it is averred in the supporting affidavit that the learned counsel for the petitioner is responsible for non-representation, nothing is mentioned in the affidavit. Even otherwise the petitioner came to know about the dismissal of the suit on 30.06.2020 and the present application is filed on 24.02.2021, after lapse of seven months and twenty three days from the date of knowledge. The petitioner pleaded ignorance of the orders dated 03.08.2018 but during the relevant period the petitioner was pursuing the remedy before the NCLT or NCLAT and it is only after dismissal of the matter before NCLAT on 01.02.2021 the present petition is filed and there are no bonafides in the claim made by the petitioner.

7. Be it stated that the Original Suit is filed by the plaintiff for recovery of Rs.46,24,500/- including principle and interest. Besides filing the Original Suit the petitioner has also filed a Company Petition and it was transferred to NCLT, Hyderabad, thereafter it was rejected before the NCLT, appeal was preferred before the NCLAT and the same was dismissed, during the interregnum period the petitioner was only pursuing the remedy either before NCLT or NCLAT and he did not chose to pursue the Original Suit in O.S.No.778 of 2013 and all of a sudden, after dismissal of the appeal