NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI

25.03.2026 Present: JUSTICE N. SESHASAYEE, MEMBER (JUDICIAL)

ARUN BAROKA, MEMBER (TECHNICAL)

Company Appeal (AT) (Ins) No.1194 of 2025 Mr. Mukesh Sumermal Sanghvi, Sole Proprietor of Silicon Metal Industries …Appellant Vs R. D. Engineer (India) Pvt. Ltd. …Respondent (Arising out of Order dated 21.04.2025 passed by the Adjudicating Authority (National Company Law Tribunal, Mumbai Bench) in Restoration Application No.

19 of 2025 in Company Petition (IB) No. 925 of 2020.) For Appellant: Mr. Akash Chatterjee, Advocate For Respondent: Mr. Abhishek Anand, Mr. Ashish Varma, Advocates

JUDGEMENT

Per Justice N. Seshasayee, Member (Judicial)

1. This Appeal is preferred challenging the Order of the Adjudicating Authority (NCLT, Mumbai Bench, Court-V) dated 21.04.2025 passed in Restoration Application No. 19 of 2025 in C.P. (IB) No. 925 of 2020, by which application filed by the appellant seeking restoration of the Company Petition came to be dismissed.

Facts

2. The broad facts necessary for deciding this Appeal are not in dispute. The appellant had earlier initiated proceedings under Section 9 of the IBC, 2016 against the Respondent, a