Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Litigants Are Not Trained Advocates, Restoration Application Can't Be Dismissed Due To Counsel's Failure To Inform Of Proceedings: NCLAT
The National Company Law Appellate Tribunal (NCLAT) has ruled that litigants are not trained advocates, and a restoration application under Rule 48(2) of NCLT Rules cannot be dismissed due to counsel's failure to inform of proceedings. This compassionate ruling provides relief to parties in insolvency cases, emphasizing that the burden of a lawyer's oversight should not fall entirely on the client. Rule 48(2) likely pertains to restoring dismissed applications. NCLAT's decision recognizes that genuine lapses by legal representatives, especially without the client's knowledge, should not prejudice substantive rights, promoting a more equitable and access-to-justice-oriented approach in NCLT proceedings.