# In the matter of Rangi International Private Limited IA(IBC)-1083-KB-2021 in C.P (IB) No.2168-KB-2019

> NCLT judgment dated 2023-02-07. Citation: TCN-2023-NCLT-04737. The case involves an application (IA(IBC)/1083/KB/2021) filed by the Operational Creditor…

- **Court:** NCLT
- **Order date:** 7 Feb 2023
- **Citation:** TCN-2023-NCLT-04737
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/rangi-international-private-limited-iaibc-1083-kb-2021-in-cp-ib-no2168-kb-2019-13e493d9

## Summary

### Background

The case involves an application (IA(IBC)/1083/KB/2021) filed by the Operational Creditor seeking to recall an earlier order dated 02/11/2021, by which the Tribunal had dismissed CP No. 2168 /KB/2019 for default due to the Operational Creditor's non-appearance. The Tribunal had noted that the Operational Creditor had failed to appear on multiple occasions, leading to the dismissal.

## Facts

M/s Bharat Overseas, the Petitioner/Operational Creditor, filed an application (IA(IBC)/1083/KB/2021) seeking to recall the order dated 02/11/2021, which dismissed CP No. 2168 /KB/2019. The initial dismissal occurred because the Operational Creditor failed to appear before the Tribunal on 15/10/2020 and subsequent dates (14/12/2020, 01/02/2021, 24/03/2021). The Tribunal noted that the Operational Creditor's absence suggested a lack of interest in pursuing the matter. The recall application was filed under Rule 48(2) of the NCLT Rules, 2016, within 30 days of the dismissal order. The Corporate Debtor is Ragni International Private Limited.

## Issues and analysis

### Issue 1: Whether the application to recall the order dismissing CP No. 2168 /KB/2019 can be allowed under …

**Ratio:** Rule 48(2) of the NCLT Rules, 2016 allows for the restoration of a petition or

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**Reasoning:** The Tribunal noted that while the application was filed within 30 days, it was not filed

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**Interpretation:** Rule 48(2) provides a mechanism for restoring cases dismissed due to the

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**Application:** In this case, the Tribunal acknowledged the timely filing but deemed the

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## Parties

- **Judges:** BIDISHA BA…; Balraj…
- **Appellants:** M/s Bharat…
- **Respondents:** Ragni Internationa…; Ms.M.Das,…

## Timeline

- **2020-10-15 — Operational Creditor's…**: The Operational Creditor failed…
- **2020-12-14 — Operational Creditor's…**: The Operational Creditor failed…

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