# In the matter of ECI Infra Towers Company Pvt. Ltd. (Corporate Gurantor of ECI Engineering & Construciton Co. Ltd.) IA (IBC) 708-2021 in CP(IB) No.673-7-HDB-2019

> NCLT judgment dated 2023-03-31. Citation: TCN-2023-NCLT-03937. The case involves IA (IBC) 708/2021 in CP(IB) No.673/7/HDB/2019 filed under Section 7 of the…

- **Court:** NCLT
- **Order date:** 31 Mar 2023
- **Citation:** TCN-2023-NCLT-03937
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/eci-infra-towers-company-pvt-ltd-corporate-gurantor-of-eci-engineering-construci-7086d842

## Summary

### Background

The case involves IA (IBC) 708/2021 in CP(IB) No.673/7/HDB/2019 filed under Section 7 of the IBC, 2016. The matter pertains to Bank of India as the Financial Creditor and ECI Infra Towers Company Pvt Ltd as the Corporate Debtor. The respondents filed affidavits expressing respect for the Adjudicating Authority and apologizing for any unintentional non-compliance with its orders.

## Facts

Bank of India is the Financial Creditor. ECI Infra Towers Company Pvt Ltd is the Corporate Debtor. The case is regarding an application under Section 7 of the IBC, 2016. The respondents filed affidavits expressing respect for the Adjudicating Authority and apologizing for any unintentional non-compliance with its orders. The court considered the affidavits and the Supreme Court's ruling on accepting apologies. The court was convinced that the non-compliance was not intentional or wilful and that there was no intention to damage the reputation of the Tribunal. The relevance of the facts lies in determining whether the apology should be accepted and the respondents discharged from the proceedings.

## Issues and analysis

### Issue 1: Whether the apology submitted by the respondents …

**Ratio:** An apology can be accepted where the conduct for which apology is given is such that it

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**Reasoning:** The court relied on the Hon'ble Supreme Court's ruling in Balakishan Giri Versus U.P,

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**Interpretation:** The legal issue revolves around the interpretation of the principles governing

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**Application:** The court applied the ratio to the specific facts of the case, considering the

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## Parties

- **Judges:** Venkata Ramakrishn…; SH. CHARAN…
- **Appellants:** Bank of…
- **Respondents:** ECI Infra Towers…

## Timeline

- **2023-03-31 — Hearing…**: Attendance cum order sheet of the…
- **2023-03-21 — Affidavit…**: The record and the sworn affidavit of the representative of the first respondent filed on…

## 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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