# In the matter of Jaypee Infratech Limited RA No. 89-PB-2022 in Company Petition No. (IB)-77(ALD)-2017

> NCLT judgment dated 2023-03-07. Citation: TCN-2023-NCLT-04289. This is an application (RA No. 89/PB/2022) filed by Deshwal Contractors seeking the restoration…

- **Court:** NCLT
- **Order date:** 7 Mar 2023
- **Citation:** TCN-2023-NCLT-04289
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/jaypee-infratech-limited-ra-no-89-pb-2022-in-company-petition-no-ib-77ald-2017-1131f434

## Summary

### Background

This is an application (RA No. 89/PB/2022) filed by Deshwal Contractors seeking the restoration of I.A. No. 3033/2022 in Company Petition No. (IB)-77(ALD)/2017, which was dismissed in default due to the non-appearance of the parties. The main Company Petition No. (IB)-77(ALD)/2017 is listed based on the directions of the Supreme Court in the matter of Jaypee Kensington Boulevard Apartments Welfare Association & Ors. vs. NBCC (India) Ltd. & Ors. in Civil Appeal No. 3395 of 2020.

## Facts

IDBI Bank Limited initiated a Company Petition No. (IB)-77(ALD)/2017 against Jaypee Infratech Limited. Deshwal Contractors filed an Interlocutory Application (I.A. No. 3033/2022) in the same Company Petition, which was later dismissed due to the non-appearance of the parties on 2022-11-16. Deshwal Contractors then filed RA No. 89/PB/2022 seeking the restoration of the dismissed I.A. The reason for non-appearance was that the counsel was in another court, and a colleague failed to appear when the I.A. was called. The main Company Petition is being heard by a Special Bench on a day-to-day basis, pursuant to a Supreme Court order in Jaypee Kensington Boulevard Apartments Welfare Association & Ors. vs. NBCC (India) Ltd. & Ors. in Civil Appeal No. 3395 of 2020.

## Issues and analysis

### Issue 1: Whether the application for restoration of I.A. No. 3033/2022 in Company Petition No. …

**Ratio:** The court has the discretion to restore an application dismissed in default if sufficient

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**Reasoning:** The court found that the reason stated by the applicant for non-appearance reflected a

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**Interpretation:** The court interprets 'sufficient cause' as requiring a diligent and responsible

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**Application:** In this case, the applicant's explanation for non-appearance was deemed

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## Parties

- **Judges:** Ramalingam…; SHRI. L. N.…
- **Appellants:** IDBI Bank L…
- **Respondents:** Jaypee Infratech…

## Timeline

- **2017-01-01 — Company Petiti…**: IDBI Bank Limited filed Company Petition No. (IB)-77(ALD)/2017 against Jaypee Infratech…
- **2020-01-01 — Supreme Cour…**: Supreme Court passed a judgement in Civil Appeal No. 3395 of 2020 (Jaypee Kensington…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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