# In the matter of Neo Structo Construction Pvt. Ltd.

> NCLT judgment dated 2024-01-11. Citation: TCN-2024-NCLT-03174. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 11 Jan 2024
- **Citation:** TCN-2024-NCLT-03174
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/neo-structo-construction-pvt-ltd-5f1cb3e9

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Jayaraj Neon Engineering & Construction Pvt. Ltd. against Neo Structo Construction Pvt. Ltd. The application, CP(IB) 68 of 2022, was initially dismissed on 09.01.2023 due to the applicant's apparent lack of interest in pursuing the matter. The applicant then filed an application for restoration of the dismissed petition, citing ongoing talks and arbitration proceedings before the High Court as reasons. The respondent objected to the restoration, arguing that the reasons provided were unreasonable and implausible, especially since the matter was pending before another court.

## Facts

Jayaraj Neon Engineering & Construction Pvt. Ltd. filed CP(IB) 68 of 2022 under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Neo Structo Construction Pvt. Ltd. The petition was initially dismissed on 09.01.2023 due to the applicant's lack of interest in pursuing the matter, evidenced by repeated requests for adjournment and failure to file necessary documents. The applicant then sought restoration of the dismissed petition, citing ongoing talks and arbitration proceedings before the High Court. The respondent objected to the restoration, arguing that the reasons were unreasonable and the matter was already pending before another court. An arbitral award was pending before the Hon'ble High Court, indicating a pre-existing dispute between the

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## Issues and analysis

### Issue 1: Whether the application for restoration of CP(IB) No. 68 of 2022 should be allowed, considering the …

**Ratio:** The restoration of a dismissed petition is discretionary and depends on the

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**Reasoning:** The court reasoned that the applicant's reasons for seeking restoration were not

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**Interpretation:** The interpretation of the law is that the NCLT has the discretion to restore a

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**Application:** In this case, the court applied the ratio by considering the applicant's

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## Parties

- **Judges:** Mrs.ChitraH…; Dr.Velamur G…
- **Appellants:** Jayarajneon…
- **Respondents:** Neo Structo…
- **Advocates:** Dhiren…; Satyasrikan…; +2 more

## Timeline

- **2022-01-01 — CP(IB) 68/202…**: Jayaraj Neon Engineering & Construction Pvt. Ltd. filed CP(IB) 68 of 2022 against Neo…
- **2023-01-09 — CP(IB) 68/2022…**: CP(IB) 68 of 2022 was dismissed due to the applicant's apparent lack of interest in…

## 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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