# In the matter of Rajdeep Steel Products Pvt. Ltd. T.C.P. No. 187-(MAH)-2017

> NCLT judgment dated 2017-09-18. Citation: TCN-2017-NCLT-00402. The case involves a Restoration Application (RA No.09 of 2017) in TCP No.187/MAH/2017. The…

- **Court:** NCLT
- **Order date:** 18 Sept 2017
- **Citation:** TCN-2017-NCLT-00402
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/rajdeep-steel-products-pvt-ltd-tcp-no-187-mah-2017-081c71eb

## Summary

### Background

The case involves a Restoration Application (RA No.09 of 2017) in TCP No.187/MAH/2017. The applicant sought restoration of a petition that was dismissed due to the petitioner's advocate being unable to attend the hearing due to viral fever. The original petition was filed before the High Court for an outstanding debt of Rs.3,33,905 under the old provisions of the Companies Act, 1956, section 433(e), and was transferred to NCLT. The petitioner was required to submit the requisite form under section 7 or 9 of the Insolvency & Bankruptcy Code by July 15, 2017, but failed to do so, leading to the dismissal of the petition on August 2, 2017. However, the order of dismissal granted the petitioner liberty to file fresh applications under the Insolvency & Bankruptcy Code.

## Facts

A petition was initially filed before the Hon'ble High Court for an outstanding debt of Rs. 3,33,905 under the Companies Act, 1956, Section 433(e). This petition was then transferred to the NCLT Mumbai. The NCLT required the petitioner to submit a form under Section 7 or 9 of the Insolvency & Bankruptcy Code by July 15, 2017. The petitioner failed to submit the form by the deadline. Consequently, the petition was dismissed on August 2, 2017. The dismissal order, however, granted the petitioner the liberty to file fresh applications under the IBC. The petitioner then filed a Restoration Application (RA No. 09 of 2017) in TCP No. 187/MAH/2017, stating that their advocate could not attend the hearing due to viral fever. The NCLT considered this application.

## Issues and analysis

### Issue 1: Whether the Tribunal is empowered to recall an Order if dismissed for a default of non-appearance …

**Ratio:** Rule 48(2) of NCLT Rules empowers the Tribunal to recall an order if dismissed for

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**Reasoning:** The court acknowledged the provision allowing recall of orders dismissed for default.

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**Interpretation:** Rule 48(2) provides a mechanism for rectifying procedural defaults. The

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**Application:** While the advocate's illness could be considered sufficient cause, the court

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## Parties

- **Judges:** M.K. Sh…; Bhaskara Pantula…
- **Appellants:** Manhar Trading…
- **Respondents:** Rajdeep Steel…

## Timeline

- **N/A — Original Petit…**: A petition was filed before the Hon'ble High Court for an outstanding debt of…
- **2017-07-15 — Deadline for Form…**: Petitioner was required to submit the requisite Form under section 7 or 9 of the…

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