# 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-04750. The case involves an application (IA(IBC)/1083/KB/2021) filed by the Operational Creditor to…

- **Court:** NCLT
- **Order date:** 7 Feb 2023
- **Citation:** TCN-2023-NCLT-04750
- **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-2019-702dc08a

## Summary

### Background

The case involves an application (IA(IBC)/1083/KB/2021) filed by the Operational Creditor to recall an order dated 02/11/2021, which dismissed the original petition (CP No. 2168 /KB/2019) due to the Operational Creditor's non-appearance. The Tribunal had noted the absence of the Operational Creditor's representative on multiple dates, leading to the dismissal for default.

## Facts

The Operational Creditor filed CP No. 2168 /KB/2019. On 02/11/2021, the Tribunal dismissed the petition due to the Operational Creditor's repeated absence on 15/10/2020, 14/12/2020, 01/02/2021 and 24/03/2021. The Tribunal noted that the Operational Creditor appeared uninterested in pursuing the matter. Subsequently, the Operational Creditor filed IA(IBC)/1083/KB/2021 on 02/11/2021, seeking to recall the dismissal order. The application was filed within 30 days of the dismissal order.

## Issues and analysis

### Issue 1: Whether the application to recall the order dismissing the petition should be allowed, considering …

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

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**Reasoning:** The Tribunal acknowledged that the application was filed within the 30-day timeframe

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**Interpretation:** Rule 48(2) provides a mechanism for restoring petitions dismissed for default,

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**Application:** The Tribunal applied the provisions of Rule 48(2) to the facts of the case,

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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…**: The Operational Creditor was…
- **2020-12-14 — Operational Creditor…**: The Operational Creditor was…

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