# In the matter of Timblo Drydocks Private Limited

> NCLT judgment dated 2023-09-13. Citation: TCN-2023-NCLT-01651. The petitioner filed an application seeking restoration of the main Company Petition bearing…

- **Court:** NCLT
- **Order date:** 13 Sept 2023
- **Citation:** TCN-2023-NCLT-01651
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/timblo-drydocks-private-limited-35bb7271

## Summary

### Background

The petitioner filed an application seeking restoration of the main Company Petition bearing CP(IB)-641(MB)/2020, which was dismissed on 24.03.2021 for non-prosecution. The main petition was filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, against the Corporate Debtor for initiating the CIRP. The petition was initially listed on 24.02.2020, but due to the pandemic, hearings were conducted via video conference. The petitioner's counsel stated that she could not attend the hearing on 19.02.2021 due to a technical glitch with the WhatsApp group communication, and the CISCO WebEx link was not shared on 24.03.2021, leading to the dismissal of the petition.

## Facts

Express Machines & Scaffolding Pvt. Ltd. filed a Company Petition CP(IB)-641(MB)/2020 under Section 9 of the Insolvency and Bankruptcy Code, 2016, against M/s Timblo Drydocks Private Limited for initiating the Corporate Insolvency Resolution Process (CIRP). The petition was initially listed on 24.02.2020. Due to the pandemic, hearings were conducted virtually. The petitioner's counsel could not attend the hearing on 19.02.2021 due to a technical glitch with the WhatsApp group used for communication. On 24.03.2021, the CISCO WebEx link was not shared, preventing the counsel from attending the hearing, leading to the dismissal of the petition for non-prosecution. The petitioner then filed I.A. 981/2021 for restoration, which was dismissed on 01.12.2021 due to the

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## Issues and analysis

### Issue 1: Whether the petitioner has provided sufficient cause for the restoration of the Company Petition …

**Ratio:** The principle of natural justice requires that parties be given a fair opportunity to be

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**Reasoning:** The court considered the petitioner's explanation that technical issues with the virtual

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**Interpretation:** The court interpreted the circumstances surrounding the petitioner's absence as

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**Application:** The court applied the principle of natural justice and the specific facts

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## Parties

- **Judges:** LAKSHMI G…; Charanjeet Singh…
- **Appellants:** Express Machines…
- **Respondents:** M/s Timblo…
- **Advocates:** Nausher…; Sabdhi…; +4 more

## Timeline

- **2020-02-24 — Company Petiti…**: Company Petition CP(IB)-641(MB)/2020 filed by Express Machines & Scaffolding Pvt. Ltd.…
- **2021-02-19 — Hearing…**: Company Petition listed for…

## 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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