# In the matter of Suprio Ghosh & Ors. vs. Bank of Maharashtra

> NCLAT judgment dated 2025-05-30. Citation: TCN-2025-NCLAT-00362. The appeals arise from an order dated November 13, 2024, passed by the National Company Law…

- **Court:** NCLAT
- **Order date:** 30 May 2025
- **Citation:** TCN-2025-NCLAT-00362
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/suprio-ghosh-ors-vs-bank-of-maharashtra-591d5cad

## Summary

### Background

The appeals arise from an order dated November 13, 2024, passed by the National Company Law Tribunal, Chandigarh Bench, dismissing the Restoration Application filed by the Appellants. Two Appeals are interrelated and, therefore, are being taken up together.

## Facts

Suprio Ghosh and Nilanjana Ghosh filed applications under Section 94 of the Insolvency and Bankruptcy Code, 2016 for initiation of insolvency resolution process.

The Adjudicating Authority dismissed the Restoration Application due to the Appellant's non-appearance on multiple dates.

The Appellant claimed that the bank misled the Adjudicating Authority by giving incorrect dates of non-appearance.

The Respondent Bank filed a writ petition seeking physical possession of the property of the Applicant under Section 14 of the SARFAESI Act.

The Adjudicating Authority noted that the Appellant had been consecutively absent for three dates and was attempting to stall the proceedings under the SARFAESI Act.

…

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority was justified in dismissing the Restoration Application due to …

**Ratio:** Rule 48(2) of the NCLT Rules, 2016, allows for restoration of a petition dismissed for

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**Reasoning:** The Adjudicating Authority found that the Appellant's explanations for non-appearance

…

**Interpretation:** The Appellate Tribunal interpreted Rule 48(2) to require a genuine and

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**Application:** The Appellate Tribunal upheld the Adjudicating Authority's decision, finding

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Suprio…; Nilanjana…
- **Respondents:** Bank of Maharashtr…
- **Other parties:** Desh De…
- **Advocates:** Archit C…; Ridhi B…; +2 more

## Timeline

- **2024-11-13 — Order Da…**: Order passed by the Adjudicating Authority (National Company Law Tribunal, Chandigarh…
- **2022-12-03 — Application Fi…**: Application No. C.P (IB) No.32/CHD/HRY/2023 filed by Suprio Ghosh Vs. Bank of Maharashtra…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 94 — Application by debtor to initiate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-94)

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