The requirement for proper representation and compliance with procedural rules is critical for maintaining the integrity of legal proceedings.

505

IN THE NATIONAL COMPANY LAW TRIBUNAL

DIVISION BENCH (COURT– I) CHENNAI

ATTENDANCE CUM ORDER SHEET OF THE HEARING

HELD ON 31.10.2025 THROUGH VIDEO CONFERENCING

---------------------------------------------------------------------------------------------------------------

PRESENT: HON’BLE SHRI. SANJIV JAIN, MEMBER (JUDICIAL)

HON’BLE SHRI. VENKATARAMAN SUBRAMANIAM, MEMBER (TECHNICAL

----------------------------------------------------------------------------------------------------------------

IN THE MATTER OF : ARSEC (India) Ltd

Vs

S A Premkumar

MAIN PETITION NUMBER : CP/80/IB/2021

(IA/MA) APPLICATION NUMBERS

Rst.A(IBC)/4(CHE)/2025; IA(IBC)/987(CHE)/2025 in Rst.A(IBC)/4/CHE/2025

----------------------------------------------------------------------------------------------------------------

ORDER IN THE NATIONAL COMPANY LAW TRIBUNAL DIVISION BENCH – I, CHENNAI RST.A(IBC)/4(CHE)/2025 In CP/IB/80/2021 (Filed under Rule 48(2) of NCLT Rules, 2016)

Present: Ld. Counsel Shri. Chiron Singhi for the Financial

Creditor.

Ld. Counsel Shri Ravi Rajagopalan for the Personal Guarantor.

Vide separate order pronounced in Open Court, both the applications are

dismissed.

File be consigned to records.

Sd/- Sd/-

(VENKATARAMAN SUBRAMANIAM) (SANJIV JAIN) MEMBER (TECHNICAL) MEMBER (JUDICIAL)

MG

Date: 31.10.2025

In the matter of ARSEC (India) Ltd.

ARSEC (India) Ltd., Solitaire Corporate Park, Building No.2, Unit 201-202 A & 200-202 B, Ground Floor, Andheri-Ghatkopar Link Road, Chakala, Andheri (East), Mumbai-400 093 ….Applicant/Financial Creditor -Vs-

S A Premkumar, Flat No. 2B, Abnaya Apartment, Plot No. 3352 AC, AF Block, 8th Street, Anna Nagar, Chennai-600040 …..Respondent/Corporate Debtor ALONG WITH IA(IBC)/987(CHE)/2025 in RST.A(IBC)/4(CHE)/2025 in CP/IB/80/2021 (Filed under Rule 43 & Rule 52 r/w Rule 32, 38A & 11 of NCLT Rules, 2016)

S A Premkumar, Flat No. 2B, Abnaya Apartment, Plot No. 3352 AC, AF Block, 8th Street, Anna Nagar, Chennai-600040 ….Applicant/Debtor Vs ARSEC (India) Ltd., Solitaire Corporate Park, Building No.2, Unit 201-202 A & 200-202 B, Ground Floor, Andheri-Ghatkopar Link Road, Chakala, Andheri (East), Mumbai-400 093 ….Respondent/Creditor Present:

For Applicant : Shri. Pawan Jhabakh, Advocate Shri. Chiron Singhi, Advocate For Respondent : Ravi Rajagopalan, Advocate CORAM:

SANJIV JAIN, MEMBER (JUDICIAL)

VENKATARAMAN SUBRAMANIAM, MEMBER (TECHNICAL)

Order Pronounced on 31st October, 2025 COMMON ORDER (Heard through Video Conferencing)

An application RST/A/4/CHE/2025 has been filed by the Applicant, ARSEC (India) Limited seeking recall of the order dated 24.02.2025 where the petition CP/IB/80/2021 was dismissed in default and for non-prosecution. Prayer has also been made for restoration of the petition.

2. Briefly the facts are that the Applicant/Petitioner had filed the petition CP/80/2021 under Section 95 of IBC, 2016 for initiating insolvency proceedings against the Personal Guarantor/Respondent S.A. Premkumar. The petition was dismissed in default and for non- prosecution vide an order dated 24.02.2025. The Petitioner/Applicant then filed the application RST.A(IBC)/4/CHE/2025 on 21.03.2025 seeking recall of the order and for restoration of the petition. It was stated that the non-appearance was neither willful nor deliberate but due to unavoidable circumstances. The counsel for the Applicant was affected with severe bout of fever and cold which rendered him unable to attend the proceedings (Medical Certificate attached).

3. On this application, the Respondent / Personal Guarantor filed the reply stating that the application has not been signed by the Applicant/Petitioner through its Authorized Signatory. It was signed by the Counsel. It was filed by a person who is not even party to the proceedings much less the Petitioner. It was the counsel for the Applicant who executed the affidavit affirming the same. This is a direct violation of Rule 9 under Part IV Section 1 of the Bar Council of India Rules which prohibits the advocates from acting or pleading in the