ORDER

1. The present application has been filed under Rule 11 of the NCLT Rules, 2016 for condonation of delay in filing the application for restoration. The applicant is seeking direction to condone the delay in filing the application for recall of the order dated Rest. Appl No. 01/2022 & MA No. 14 of 2023 IN CP NO.171/ALD/2017 20.09.2021 and allow the Rest. Application 01/2022 and set aside the order dated 20.09.2021 and restore the petition/application to its original number which was filed under Section 241 and 242 of the Companies Act, 2013.

2. Applicant states that due to some defect in the application, the said application was not cleared in the scrutiny by the registry of NCLT, Allahabad.

3. The applicant has also filed an application for Restoration of Company Petition No.: 171/ALD/2017 on 02.06.2022 wherein the Applicant has prayed to list this recall application for the recalling of the order dated 20.09.2021 and for listing simultaneously CP No. 171/ALD/2017 u/s 241-242 and Application No. 05/2019 u/s 213 of the Companies Act, 2013 in interest of justice.

4. According to the Ld. Counsel, the applicant was under the impression that the application is within the extended period of limitation as extended by the Hon’ble Supreme Court vide order dated 10.01.2022 passed in Miscellaneous Application No. 21 OF 2022 in Miscellaneous Application No. 665 OF 2021; In Suo Motu Writ Petition (C) No. 3 of 2020 in RE: Cognizance for Extension of Limitation which was valid until 30.05.2022. However, due to Rest. Appl No. 01/2022 & MA No. 14 of 2023 IN CP NO.171/ALD/2017 defect pointed out by the registry in the application filed earlier, there was delay of 4-5 days in re-filing of the application.

5. The present application is being filed for condonation of delay in filing the recall application to recall of the order dated 20.09.2021 passed by this Tribunal.

6. According to the Ld. Counsel, previously one Mr. Arvind Kumar Srivastava, Advocate was engaged in the Company Petition No: - 171/ALD/2017 and he was looking after the said case. The said matter was listed on 23.12.2020 wherein the matter was taken up through video conferencing and posted for 26.02.2021 for arguments.

7. However, on 26.02.2021, there was no sitting of the Hon’ble Bench on account of sanitization etc. and all the matters listed on 26.02.2021 were adjourned for 08.04.2021.

8. Due to outbreak of second wave of Covid-19, there was again derailment and disruption in the working of this tribunal and only urgent matters were being listed and taken up. The aforementioned matter was listed on 04.08.2021, however, due to non-listing of the matters in the regular course, the previous counsel, Mr. Arvind Kumar Shrivastava, Advocate lost track of the Rest. Appl No. 01/2022 & MA No. 14 of 2023 IN CP NO.171/ALD/2017 matter and could not appear on 04.08.2021. The matter was again posted on 20.09.2021, wherein this Tribunal dismissed the matter for non- prosecution.

9. Applicant contends that from the perusal of the order dated 20.09.2021 it is clear that this tribunal was also not apprised of the previous order and the situation prevailing due to unprecedented wave of Covid-19. 5^th Para of the order itself records the fact that counsel for the Respondent and ROC are unable to give details about the prior orders.

10. Applicant also contends that the previous counsel, Mr. Arvind Kumar Srivastava, Advocate was a regular practitioner of New Delhi and was not regularly practicing at Allahabad. He was not keeping well at that period and was affected by Covid-19, who unfortunately subsequently succumbed to death on 03.10.2022. Company Petition No.: 171/ALD/2017 was dismissed for want of prosecution on 20.09.2021, filed the application for recall of the order dated 20.09.2021.

11. From the records being passed on to the present ld. counsel, it appears that initially the application was filed on 27.05.2022 and was allotted Filing No. 0902109/00372/2022. However, some Rest. Appl No. 01/2022 & M