# In the matter of Fujitec India Pvt. Ltd. Rst.A-8(CHE)-2021 in IBA-1416-2019

> NCLT judgment dated 2021-11-26. Citation: TCN-2021-NCLT-00387. The case involves an application filed by Fujitec India Private Limited, the applicant, under…

- **Court:** NCLT
- **Order date:** 26 Nov 2021
- **Citation:** TCN-2021-NCLT-00387
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/fujitec-india-pvt-ltd-rsta-8che-2021-in-iba-1416-2019-973451a4

## Summary

### Background

The case involves an application filed by Fujitec India Private Limited, the applicant, under Rule 48(2) of the NCLT Rules, 2016, seeking the restoration of Company Petition IBA/1416/2019, which was previously dismissed for non-prosecution. The applicant's counsel stated that they misheard the hearing date, leading to their non-appearance. The original dismissal order was dated 13.09.2021.

## Facts

Fujitec India Private Limited filed an application to restore Company Petition IBA/1416/2019, which had been dismissed on 13.09.2021 for non-prosecution. The applicant's counsel claimed to have misheard the hearing date, leading to their absence. The applicant also cited the old age of 72 years as a contributing factor to their non-appearance. The initial hearing was scheduled for 03.09.2021, but the counsel misheard it as 30.09.2021. The tribunal considered these reasons and found them reasonable and plausible. The applicant was directed to pay Rs. 25,000 to the PM National Relief Fund as a condition for restoring the petition.

## Issues and analysis

### Issue 1: Whether sufficient cause existed for the applicant's non-appearance before the Tribunal on …

**Ratio:** The principle applied is that a court or tribunal has the discretion to restore a case

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**Reasoning:** The tribunal reasoned that the applicant's explanation of mishearing the hearing date,

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**Interpretation:** The interpretation involves understanding the scope of 'sufficient cause' in

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** R. Sucha…; SAMEER…
- **Appellants:** Fujitec India…
- **Respondents:** Guru Ragavendra…

## Timeline

- **2021-09-13 — Dismissal of Company…**: Company Petition IBA/1416/2019 was…
- **2021-09-03 — Original Hear…**: The original hearing date for IBA/1416/2019, which the applicant's counsel claimed to…

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