GULABCHANDRABHAI TEJDHARBHAI TIWARI vs ASSET RECONSTRUCTION COMPANY INDIA LIMITED on 5 January 2026

**ORDER**

1. 1. Arguments of Ld. Counsels for both the parties on the Application for Condonation of Delay being M.A. No.71/2025 moved by Applicants for condoning delay in filing Misc. Application for Restoration of M.A. No.62/2025 have been heard.

2. 2. The present Misc. Application being M.A. No.71/2025 has been filed by the Applicants for Restoration of M.A.No.62/2025 on the ground that the Advocate for the Applicants is not regularly practicing before this Tribunal. Therefore, he was not aware of listing of the matter and hence, the Advocate for the Applicants could not remain present at the time of 2MA 71 of 2025

hearing of M.A.No.62/2025. When the Advocate for the Applicants checked the status of the case, he came to know about dismissal of the Application for Condonation of Delay being M.A.No.62/2025 vide order dated 10.10.2025 passed by this Tribunal.

1. 3. Ld. Counsel for the Applicants submitted that absence of Advocate for the Applicants on 10.10.2025 was not willful or deliberate and he tendered apology for not remaining present before this Tribunal on 10.10.2025. Therefore, he prayed for recalling the order passed by this Tribunal on 10.10.2025 and to restore M.A.No.62/2025.

2. 4. Ld. Counsel for the Respondent ARCIL has opposed the present Application on the ground that the reasons mentioned in the Application for are false and neither legal nor sufficient and hence, Application deserves to be rejected. It appears from perusal of pleadings of both the parties that the M.A.No.62/2025 was dismissed by this Tribunal for default on account of absence of Advocate appearing for the Applicants. It is a settled legal position that a litigant should not be allowed to suffer on account of default on the part of the Advocate. Therefore, this Tribunal is of the opinion that the present Application deserves to be allowed in the interest of justice. Hence, following order be passed: -

- • Application for restoration being M.A.No.71/2025 is hereby allowed.

- • Order dated 10.10.2025 passed by this Tribunal in M.A. No.62/2025 is hereby recalled and M.A. No.62/2025 to file.

(PANKAJ KUMAR UPADHYAY) PRESIDING OFFICER DRT-II, AHMEDABAD

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