# In the matter of Tuaman Engineering Ltd.

> NCLT judgment dated 2023-08-29. Citation: TCN-2023-NCLT-01861. This case involves an application to recall an order dated 15.06.2023 passed by the National…

- **Court:** NCLT
- **Order date:** 29 Aug 2023
- **Citation:** TCN-2023-NCLT-01861
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/tuaman-engineering-ltd-67fe5bee

## Summary

### Background

This case involves an application to recall an order dated 15.06.2023 passed by the National Company Law Tribunal (NCLT), Kolkata Bench, in CP (IB) No. 1092/KB/2020. The application seeks the rejection of an application filed by the Operational Creditor under Section 9 of the Insolvency and Bankruptcy Code (IBC). The applicant, representing the Corporate Debtor, argues that the initial application filed by the Operational Creditor was defective and not in compliance with the NCLT Rules, 2016, and the Companies Act, 2013.

## Facts

M/s. Omm Constructions Limited (Operational Creditor) initiated a corporate insolvency resolution process against Tuaman Engineering Ltd (Corporate Debtor) under Section 9 of the IBC. The Corporate Debtor filed an application seeking recall of the order dated 15.06.2023, arguing that the Operational Creditor's application was defective. The Corporate Debtor contended that the application was not signed correctly, contained inconsistencies, and was filed by an unregistered partnership firm without all partners being party to the application. A police complaint was lodged on 23.01.2017, alleging that the acknowledgment of debt was obtained by force or coercion. The Corporate Debtor also claimed that the bills shown as unpaid related to a period older than 3 years and

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## Issues and analysis

### Issue 1: Whether the petition has been presented by an authorized representative and the person is duly …

**Ratio:** The legal principle is that an application must be presented by an authorized

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**Reasoning:** The Tribunal found inconsistencies in the signatures on the petition and the

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**Interpretation:** The interpretation is that strict compliance with authorization requirements is

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**Application:** In this case, the inconsistencies in the signatures raised doubts about whether

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## Parties

- **Judges:** Smt Bidisha…; Balraj…
- **Appellants:** Rinku Choudhary…
- **Respondents:** Tuaman Engineering…; M/s. Omm Construct…

## Timeline

- **2017-01-23 — Police Complai…**: A police complaint was lodged alleging that the acknowledgment was obtained by force or…
- **2020-10-05 — Authorization Letter…**: Date of the authorization letter of…

## 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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