# In the matter of MAV Steels Private Limited

> NCLT judgment dated 2023-07-14. Citation: TCN-2023-NCLT-05320. An application was filed under Rule 49(2) read with Rule 11 of the National Company Law…

- **Court:** NCLT
- **Order date:** 14 Jul 2023
- **Citation:** TCN-2023-NCLT-05320
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-new-delhi/mav-steels-private-limited-39ccd5b4

## Summary

### Background

An application was filed under Rule 49(2) read with Rule 11 of the National Company Law Tribunal Rules, 2016, to set aside the ex-parte order dated 18/11/2022 passed in IB-393/(ND)/2022.

## Facts

An application was filed to set aside the ex-parte order dated 18.11.2022 in IB-393/(ND)/2022.

The main Company Petition IB–393/(ND)/2022 was filed by the Operational Creditor.

The Corporate Debtor claimed that unstable internet connectivity prevented their authorized person's appearance from being recorded, leading to the ex-parte order.

The Corporate Debtor transferred Rs. 30,00,000/- to the Operational Creditor in September as part of a settlement.

The Tribunal allowed the application subject to a cost of Rs. 25,000/- on the Applicant (MAV Steels Private Limited).

## Issues and analysis

### Issue 1: Whether the ex-parte order dated 18.11.2022 …

**Ratio:** Rule 49(2) read with Rule 11 of the National Company Law Tribunal Rules, 2016 allows the

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**Reasoning:** The Tribunal considered the Corporate Debtor's explanation of unstable internet

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**Interpretation:** The Tribunal interpreted the rules to allow for setting aside ex-parte orders

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**Application:** The Tribunal applied the rules and the presented circumstances to set aside the

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## Parties

- **Judges:** BACHU VENKAT…; ATUL CHAT…
- **Appellants:** Sunder Engineering…; MAV Steels…
- **Respondents:** MAV Steels Pvt…
- **Advocates:** Prachi…; Saurabh S…; +1 more

## Timeline

- **2022-11-18 — Ex-parte…**: Ex-parte order was passed…
- **2022-09-00 — Settlement T…**: Corporate Debtor transferred Rs.…

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