# In the matter of M R Pro Tech Pvt. Ltd. CP(IB)No. 206-BB-2019

> NCLT judgment dated 2019-11-14. Citation: TCN-2019-NCLT-00597. The case involves an application (I.A.No.594/2019) filed in C.P.(IB)No.206/BB/2019 by M/s. Eera…

- **Court:** NCLT
- **Order date:** 14 Nov 2019
- **Citation:** TCN-2019-NCLT-00597
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/m-r-pro-tech-pvt-ltd-cpibno-206-bb-2019-7824cca8

## Summary

### Background

The case involves an application (I.A.No.594/2019) filed in C.P.(IB)No.206/BB/2019 by M/s. Eera Investments to recall an earlier order dated 08.11.2019 and restore the main Company Petition. The petition was initially listed for admission on 24.10.2019, but neither the petitioner nor their counsel appeared. Consequently, the case was listed for dismissal on 08.11.2019, and since no one appeared on that day either, it was dismissed for default due to non-prosecution.

## Facts

M/s. Eera Investments filed C.P.(IB)No.206/BB/2019 under Section 7 of the I&B Code, 2016. The petition was listed on 24.10.2019 for admission, but neither the petitioner nor their counsel appeared. As a result, the case was listed for dismissal on 08.11.2019, and again, no one appeared for the petitioner, leading to its dismissal for default. Subsequently, M/s. Eera Investments filed I.A.No.594/2019 seeking to recall the dismissal order and restore the main petition. The applicant's counsel, Ms. Meenakshi V., presented reasons for the non-appearance, which the court found convincing. The court then allowed the application, restoring the main petition subject to the payment of Rs. 5,000 as costs to 'The Bengaluru Professionals Benevolent Fund'. The case was then

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## Issues and analysis

### Issue 1: Whether the application to recall the order dated 08.11.2019 and restore the main Company Petition …

**Ratio:** The court has the discretion to recall its orders and restore cases dismissed for

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**Reasoning:** The court was convinced by the reasons cited by the applicant for not

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**Interpretation:** This interprets the court's inherent power to rectify errors or omissions and

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**Application:** The court applied this principle by allowing I.A.No.594/2019, setting aside the

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## Parties

- **Judges:** Rajeswara Rao…; Ashutosh C…
- **Appellants:** M/s Eera Investmen…
- **Respondents:** M/s M R Pro Tech…
- **Advocates:** Meenaks…

## Timeline

- **2019-10-24 — Petition Listed for…**: The Company Petition was listed before the Bench for admission, but neither the…
- **2019-11-08 — Case Dismissed for…**: As no one appeared for the Petitioner, the case was dismissed for default for…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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