# In the matter of Miltech Industries Pvt. Ltd. MA No. 48-2016 in C.P. No. 04-I&BP-NCLT-MB-MAH-2017

> NCLT judgment dated 2017-03-14. Citation: TCN-2017-NCLT-00953. The case involves an application (MA 48/2016) filed by J.J. Plastalloy Pvt. Ltd. to recall an…

- **Court:** NCLT
- **Order date:** 14 Mar 2017
- **Citation:** TCN-2017-NCLT-00953
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/miltech-industries-pvt-ltd-ma-no-48-2016-in-cp-no-04-ibp-nclt-mb-mah-2017-6957de34

## Summary

### Background

The case involves an application (MA 48/2016) filed by J.J. Plastalloy Pvt. Ltd. to recall an order of dismissal for default of their Company Petition (CP 4/2017) filed under Section 9 of the Insolvency and Bankruptcy Code (I&B Code). The CP was initially dismissed because the applicant was absent during hearings on January 18 and 19, 2017. The applicant claims they were not properly informed of the hearing dates due to a miscommunication with the Court Clerk.

## Facts

J.J. Plastalloy Pvt. Ltd. filed a Company Petition (CP 4/2017) under Section 9 of the Insolvency and Bankruptcy Code (I&B Code) against Miltech Industries Pvt. Ltd. The petition was initially filed on January 12, 2017. The case was listed for hearing on January 18, 2017, but no one appeared on behalf of the applicant. The Bench passed an order stating "none present on behalf of Applicant" and listed the matter for the next day, January 19, 2017, with a direction that if the applicant remained absent, the CP would be dismissed for default. On January 19, 2017, the applicant remained absent, and the Bench dismissed the petition for default. The applicant then filed MA 48/2016, an application to recall the dismissal order, claiming that the Court Clerk had

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## Issues and analysis

### Issue 1: Whether the application for restoration of the Company Petition dismissed for default should be …

**Ratio:** Restoration of a petition dismissed for default is against the letter and spirit of the

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**Reasoning:** The court reasoned that the I&B Code mandates strict timelines for admitting or

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**Interpretation:** The court interpreted the I&B Code as prioritizing timely resolution of

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**Application:** In this case, restoring the Company Petition would have extended the

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## Parties

- **Judges:** B.S.V. Prakash…; V. Nallasen…
- **Appellants:** JJ PLASTALLOY…
- **Respondents:** MILTECH INDUSTRIES…

## Timeline

- **2017-01-12 — Filing of Company…**: J.J. Plastalloy Pvt. Ltd. filed CP…
- **2017-01-18 — First Heari…**: The case was listed for hearing, but no one…

## 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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