# In the matter of Saran Equipments & Engineers Pvt. Ltd. Vs. Pioneer Fabricators Pvt. Ltd. CA(AT)(Insolvency) 865-2019

> NCLAT judgment dated 2019-09-19. Citation: TCN-2019-NCLAT-00260. The Appellant filed an application for restoration of a petition that was previously…

- **Court:** NCLAT
- **Order date:** 19 Sept 2019
- **Citation:** TCN-2019-NCLAT-00260
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/saran-equipments-engineers-pvt-ltd-vs-pioneer-fabricators-pvt-ltd-ca-5d527956

## Summary

### Background

The Appellant filed an application for restoration of a petition that was previously dismissed for non-prosecution. The Adjudicating Authority rejected the application because the counsel for the Appellant had not appeared on two consecutive occasions. The Appellant argued that the application under Section 9 was never decided on merit.

## Facts

The Appellant, Saran Equipments & Engineers Pvt. Ltd., filed an application for restoration of a petition that was dismissed for non-prosecution. The Adjudicating Authority (National Company Law Tribunal) Court-III, New Delhi, rejected the application because the Appellant's counsel had not appeared on two consecutive occasions. The original order dismissing the petition was dated 11th April, 2019. The Appellant argued that the application under Section 9 of the Insolvency and Bankruptcy Code, 2016, was never decided on merit. The Adjudicating Authority's impugned order was dated 25th July, 2019. The court noted that the petition number was IB-847/ND/2019.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority was justified in rejecting the application for restoration of …

**Ratio:** When an application is dismissed for non-prosecution without a decision on its merits, it

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**Reasoning:** The court reasoned that the application under Section 9 was never decided on merit. The

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**Interpretation:** The court interpreted the situation as one where the Appellant should be given

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**Application:** The court applied this reasoning to the specific facts by setting aside the

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +2 more
- **Appellants:** Saran Equipments…
- **Respondents:** Pioneer Fabricator…

## Timeline

- **2019-04-11 — Original…**: The Adjudicating Authority dismissed…
- **2019-07-25 — Impugned…**: The Adjudicating Authority rejected the…

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