# In the matter of Brown Bird Enterprises Pvt. Ltd. vs. Sundaram Finance Ltd. & Ors.

> NCLAT judgment dated 2026-04-10. Citation: TCN-2026-NCLAT-00115. The appeal was filed against the impugned order dated 09.06.2025 regarding a restoration…

- **Court:** NCLAT
- **Order date:** 10 Apr 2026
- **Citation:** TCN-2026-NCLAT-00115
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/brown-bird-enterprises-pvt-ltd-vs-sundaram-finance-ltd-ors-e84b81d3

## Summary

### Background

The appeal was filed against the impugned order dated 09.06.2025 regarding a restoration application in a company petition before the NCLT, New Delhi Bench.

## Facts

The Appellant filed an appeal against the impugned order dated 09.06.2025.

The Appellant's counsel was absent before the Adjudicating Authority on 10.03.2025 and 16.05.2025.

The Appellant's counsel was present before the Supreme Court on 16.05.2025 in connection with a Special Leave Petition.

The Adjudicating Authority dismissed the Appellant's petition for non-prosecution.

The Appellant filed a restoration application which was also dismissed.

The Appellate Tribunal considered the Appellant's explanation for non-appearance.

The Appellate Tribunal allowed the appeal and set aside the impugned order.

## Issues and analysis

### Issue 1: Whether the explanation provided by the Appellant for the non-appearance of their counsel before …

**Ratio:** Sufficient explanation has been given by the Appellant on non presence of their Advocate

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**Reasoning:** The Appellate Tribunal considered the fact that the Appellant's counsel was present

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**Interpretation:** The presence of the counsel before the Supreme Court was deemed a sufficient

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**Application:** The principle of providing an opportunity to be heard was applied, considering

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## Parties

- **Judges:** Mohammad Faiz…; Naresh Sa…
- **Appellants:** Brown Bird…
- **Respondents:** Sundaram Finance…
- **Advocates:** Vivek S…; Dhruv Dev…; +3 more

## Timeline

- **2025-06-09 — Impugned…**: Impugned order passed by the Learned Adjudicating Authority dismissing the restoration…
- **2025-12-01 — Compliance Af…**: Compliance affidavit…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 10 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-10)

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