# In the matter of SVE Engineers Private Limited IA-243-CHE-2021 in IBA-420-2020

> NCLT judgment dated 2021-11-01. Citation: TCN-2021-NCLT-00629. The case involves an application (IA/243/CHE/2021) filed in IBA/420/2020, an insolvency…

- **Court:** NCLT
- **Order date:** 1 Nov 2021
- **Citation:** TCN-2021-NCLT-00629
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/sve-engineers-private-limited-ia-243-che-2021-in-iba-420-2020-a6d41ea4

## Summary

### Background

The case involves an application (IA/243/CHE/2021) filed in IBA/420/2020, an insolvency application under Section 9 of the Insolvency and Bankruptcy Code, 2016. The applicant, GMV Engineering Private Limited, sought restoration of IBA/420/2020, which was dismissed for non-prosecution due to the applicant's counsel's inability to attend a virtual hearing due to technical issues. The initial application IBA/420/2020 was filed against SVE Engineers Private Limited.

## Facts

GMV Engineering Private Limited, the applicant/operational creditor, filed IBA/420/2020 under Section 9 of the Insolvency and Bankruptcy Code, 2016 against SVE Engineers Private Limited. The matter was listed for a virtual hearing on 11.01.2021. The applicant's counsel was unable to connect to the video conference platform due to technical issues. As a result, the matter was dismissed for non-prosecution on 11.01.2021. The applicant then filed IA/243/CHE/2021 seeking restoration of IBA/420/2020, arguing that the non-appearance was due to technical issues and not willful. The applicant had also filed an additional paper book on 08.01.2021. The tribunal noted that the applicant was directed on 24.11.2020 to prove that the Section 9 application was maintainable. The

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## Issues and analysis

### Issue 1: Whether the dismissal of IBA/420/2020 for non-prosecution should be set aside and the application …

**Ratio:** The ratio is that a court or tribunal has the discretion to set aside a dismissal order

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**Reasoning:** The tribunal reasoned that the applicant's counsel's inability to connect to the virtual

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**Interpretation:** This issue involves interpreting the scope of the tribunal's power to set aside

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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…; Anil Ku…
- **Appellants:** M/s. GMV Engineeri…
- **Respondents:** M/s. SVE Engineers…

## Timeline

- **2020-11-24 — Order Directing Proof…**: The Tribunal directed the Petitioner to prove that the Section 9 application is…
- **2021-01-08 — Filing of Additional…**: The Applicant filed an…

## 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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