# In the matter of Aegis Value Home Ltd. RA-20-ND-2021
(IB)-2953(ND)-2019

> NCLT judgment dated 2021-07-28. Citation: TCN-2021-NCLT-01571. The case involves an application filed by the Operational Creditor seeking restoration of an IB…

- **Court:** NCLT
- **Order date:** 28 Jul 2021
- **Citation:** TCN-2021-NCLT-01571
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/aegis-value-home-ltd-ra-20-nd-2021-ib-2953nd-2019-4c50f547

## Summary

### Background

The case involves an application filed by the Operational Creditor seeking restoration of an IB application (IB-2953/ND/2019) that was dismissed for default on 2021-07-02. The applicant's counsel states that they could not appear due to Covid-19 infection in their family during March 2021, leading to the dismissal of the matter.

## Facts

The Operational Creditor filed an application seeking restoration of IB application IB-2953/ND/2019. The IB application was dismissed for default on 2021-07-02 due to the applicant's counsel's non-appearance. The applicant's counsel explained that their family was affected by Covid-19 in March 2021, preventing their appearance. The Corporate Debtor's counsel confirmed that the pleadings were complete. The court allowed the application as a last chance and revived the IB application. The case was listed for hearing on 2021-08-18.

## Issues and analysis

### Issue 1: Whether the IB application IB-2953/ND/2019, which was dismissed for default, should be restored …

**Ratio:** The principle of natural justice and providing a fair opportunity to be heard is

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**Reasoning:** The court considered the explanation provided by the applicant's counsel regarding the

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**Interpretation:** The interpretation of 'sufficient cause' for non-appearance is broad and

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**Application:** In this case, the Covid-19 infection in the applicant's counsel's family was

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## Parties

- **Judges:** DEEPTI M…; SUMITAPURKA…
- **Appellants:** M/s A.S Constructi…
- **Respondents:** M/s Aegis Value…

## Timeline

- **2021-07-02 — Dismissal of IB…**: IB application IB-2953/ND/2019 was dismissed for default due to the non-appearance of the…
- **2021-07-28 — Order for Res…**: The court allowed the application for…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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