# In the matter of Tuaman Engineering Ltd.

> NCLT judgment dated 2023-08-29. Citation: TCN-2023-NCLT-01879. The case involves an application to recall an order dated 15.06.2023 passed by the Adjudicating…

- **Court:** NCLT
- **Order date:** 29 Aug 2023
- **Citation:** TCN-2023-NCLT-01879
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/tuaman-engineering-ltd-c30c8a4c

## Summary

### Background

The case involves an application to recall an order dated 15.06.2023 passed by the Adjudicating Authority in CP (IB) No. 1092/KB/2020 and rejection of the application filed by the Operational Creditor under Section 9 of the Insolvency and Bankruptcy Code (IBC). The applicant, the Corporate Debtor, argues that the Section 9 application filed by the Operational Creditor was defective and not in compliance with the National Company Law Tribunal (NCLT) Rules, 2016, and the Uniform Checklist. They also claim the application was filed by an unregistered partnership firm without all partners being party to the application. The Corporate Debtor further alleges the existence of pre-existing disputes, bills relating to a period older than 3 years, and a fabricated

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## Facts

M/s. Omm Constructions Limited is the Operational Creditor, and Tuaman Engineering Ltd is the Corporate Debtor. An application was filed under Section 9 of the IBC by the Operational Creditor. The Corporate Debtor sought recall of the order dated 15.06.2023, arguing that the Section 9 application was defective. The defects included non-compliance with NCLT Rules regarding signing of the application, the application being filed by an unregistered partnership firm without all partners being party to the application, pre-existing disputes, bills relating to a period older than 3 years, and a fabricated acknowledgement of debt. A police complaint was lodged on 23.01.2017, alleging that the acknowledgement was obtained by force or coercion. The signatures on the petition

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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 Hon'ble NCLAT has recognized the power of the Tribunal to recall its order on

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**Reasoning:** The Tribunal noted discrepancies in the signatures on the petition and authorization

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**Interpretation:** The Tribunal interpreted the legal provisions and precedents to mean that an

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**Application:** In this case, the Tribunal found that the authorization was doubtful due to

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## Parties

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

## Timeline

- **2016-07-28 — Order No. 25/02/2016-NCL…**: Order No. 25/02/2016-NCLT dated 28th July, 2016 of the National Company Law Tribunal,…
- **2017-01-01 — Acknowledgemen…**: Purported Acknowledgement of debt signed on 01.01.2017 is a fabricated and forged…

## 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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