The Company Petition filed under Section 9 of the IBC, 2016 was dismissed for want of prosecution. The operational creditor failed to appear, and the court noted a prior order listing the matter for dismissal due to lack of representation.
The Company Petition was dismissed for want of prosecution.
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NATIONAL COMPANY LAW TRIBUNAL
COURT-I, MUMBAI BENCH
Item 18 C.P.(IB)2336/MB/2019
CORAM:
SH. SHYAM BABU GAUTAM JUSTICE P.N. DESHMUKH (Retd.) HON’BLE MEMBER (T) HON’BLE MEMBER (J)
HON’BLE MEMBER (J)
ORDER SHEET OF THE HEARING ON 12.07.2022
NAME OF THE PARTIES : - Control Technics
V/s
Harish Enterprises Pvt Ltd
Appearance (via video-conference):
For the Applicant : For the Respondent :
None present
Mr. Ashok Varma, Advocate
Section 9 of the IBC, 2016
ORDER
None present for the Operational Creditor. Ld. Counsel for the Corporate Debtor is present and submits that this Petition is not maintainable. Record reveals that by order dt. 01.06.2022, the matter is listed today under the caption “either for appearance or for passing dismissal order as there is no representation for the Operational Creditor”. Even today there is no representation for the Operational Creditor. In that view of the matter, it appears that the Operational Creditor is not inclined to prosecute the matter further. Hence, the Company Petition is dismissed for want of prosecution.
Sd/Sd/- SHYAM BABU GAUTAM JUSTICE P.N. DESHMUKH Member (Technical) Member (Judicial)
Akash
Harish Enterprises Pvt Ltd
Control Technics
Shyam Babu Gautam
P.N. Deshmukh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
