NCLT Mumbai Bench dismissed a winding-up petition under Section 7 IBC, 2016 for non-prosecution, noting the petitioner did not appear after multiple listings despite no objection by the corporate debtor.
Company petition under Section 7 IBC, 2016 dismissed for non-prosecution.
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NATIONAL COMPANY LAW TRIBUNAL,
MUMBAI BENCH
COURT- V
CORAM:
SMT. ANURADHA SANJAY BHATIA SHRI H. V. SUBBA RAO Member (Technical) Member (Judicial)
ORDER SHEET OF THE HEARING OF MUMBAI BENCH OF THE NATIONAL COMPANY LAW TRIBUNAL ON 14.09.2022.
NAME OF THE PARTIES: BRIDGE AND BUILDING CONSTRUCTION CO. PVT LTD VS
RUNWAL REALTORS PRIVATE LIMITED
UNDER SECTION 7 OF THE INSOLVENCY AND BANKRUPTCY CODE, 2016
ORDER
None appeared for the Petitioner, not only todays but also on 24.02.2022, when the matter was listed under the caption “for appearance of the Petitioner/ dismissal of the Company Petition”. It appears the Petitioner is not interested in prosecuting the above case any longer. Mr. Atit Soni, Counsel appearing for the Corporate Debtor is present.
Hence, the above Company Petition is dismissed for non-prosecution.
SD/SD/ANURADHA SANJAY BHATIA H. V. SUBBA RAO Member (Technical) Member (Judicial)
/K/
1 issue framed by the court
Whether a winding-up petition can be dismissed for non-prosecution?
BRIDGE AND BUILDING CONSTRUCTION CO. PVT LTD
RUNWAL REALTORS PRIVATE LIMITED
ANURADHA SANJAY BHATIA
H. V. SUBBA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
