# In the matter of Bhandari Steels Ltd. MA-1083-2019 in IBA-602-2020

> NCLT judgment dated 2020-03-09. Citation: TCN-2020-NCLT-01618. The case involves an application (MA/1083/2019) in an insolvency proceeding (IBA/602/2019)…

- **Court:** NCLT
- **Order date:** 9 Mar 2020
- **Citation:** TCN-2020-NCLT-01618
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/bhandari-steels-ltd-ma-1083-2019-in-iba-602-2020-9c67c934

## Summary

### Background

The case involves an application (MA/1083/2019) in an insolvency proceeding (IBA/602/2019) before the National Company Law Tribunal (NCLT), Chennai. The application was filed under Rule 11 of the NCLT Rules, 2016, seeking to set aside an ex-parte order passed by the Tribunal on August 23, 2019.

## Facts

An application (MA/1083/2019) was filed in an insolvency case (IBA/602/2019) under Rule 11 of the NCLT Rules, 2016. The application sought to set aside an ex-parte order dated August 23, 2019, passed by the NCLT. The applicant was absent during the hearing. Due to the applicant's absence, the NCLT could not proceed with the application to set aside the order and restore the original petition. The absence of the applicant is a critical fact, leading to the dismissal of the application.

## Issues and analysis

### Issue 1: Whether the application to set aside the ex-parte order can be maintained in the absence of the …

**Ratio:** An application cannot be effectively prosecuted if the applicant is absent, as the court

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**Reasoning:** The court reasoned that without the applicant's presence, it is impossible to proceed

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**Interpretation:** This highlights the importance of the applicant's presence in legal

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**Application:** In this specific case, the applicant's absence directly led to the dismissal of

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## Parties

- **Judges:** R. VARADH…; Anil Ku…
- **Appellants:** BHANDARI STEELS…
- **Respondents:** JINDAL SA…

## Timeline

- **2019-08-23 — Ex-parte…**: An ex-parte order was passed by…
- **2019-01-01 — Application…**: Application MA/1083/2019 was filed…

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