# In the matter of Ebaco India Pvt. Ltd. I.A No.533 of 2019 in CP(IB)No. 395-BB-2019

> NCLT judgment dated 2019-12-03. Citation: TCN-2019-NCLT-00340. The case involves an application (I.A. No.533 of 2019) filed in a Corporate Insolvency…

- **Court:** NCLT
- **Order date:** 3 Dec 2019
- **Citation:** TCN-2019-NCLT-00340
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ebaco-india-pvt-ltd-ia-no533-of-2019-in-cpibno-395-bb-2019-c3c55cd7

## Summary

### Background

The case involves an application (I.A. No.533 of 2019) filed in a Corporate Insolvency Resolution Process (CIRP) case (C.P. (IB) No.395/BB/2019) under Section 238A of the Insolvency and Bankruptcy Code (IBC), 2016, read with Section 5 of the Limitation Act, 1963, and Rule 11 of the NCLT Rules, 2016. The applicant, M/s. Green Land, sought to condone a delay of 58 days in re-presenting the original file, which had been initially filed before the NCLT, New Delhi. The NCLT, New Delhi, had previously allowed the applicant to withdraw the petition and file it before the appropriate bench in Bengaluru, as the respondent's registered office was located there.

## Facts

M/s. Green Land, the applicant/operational creditor, filed I.A. No.533 of 2019 in C.P. (IB) No.395/BB/2019 seeking to condone a delay of 58 days in re-presenting a petition under Section 9 of the IBC against M/s. Ebaco India Pvt. Ltd., the respondent/corporate debtor. The petition was initially filed before the NCLT, New Delhi, but was allowed to be withdrawn on 28.05.2019, to be refiled in Bengaluru since the respondent's registered office is located there. The original file was returned to the applicant on 12.07.2019, with a deadline of 12.08.2019 for refiling. The applicant cited difficulties in engaging counsel in Bengaluru and subsequent illness as reasons for the delay.

## Issues and analysis

### Issue 1: Whether the delay of 58 days in re-presenting the petition before the NCLT Bengaluru should be …

**Ratio:** The court has the discretion to condone delays if sufficient cause is shown, as per

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**Reasoning:** The court was convinced by the reasons cited by the applicant, which included

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**Interpretation:** The interpretation of 'sufficient cause' is broad and depends on the specific

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**Application:** In this case, the court found the applicant's reasons for the delay to be

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## Parties

- **Judges:** Rajeswara Rao…; Ashutosh C…
- **Appellants:** M/s. Gree…
- **Respondents:** M/s. Ebaco India…

## Timeline

- **2019-05-28 — NCLT New Delhi…**: NCLT, New Delhi, allowed the applicant to withdraw the petition and file it before the…
- **2019-07-12 — File Ret…**: The original file was returned to the…

## 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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