Tribunals and CommissionsDivision Bench(2020) 12 NCLT CK 0652

Ceasefire Industries Ltd vs Cambay SEZ Hotels Ltd

National Company Law Tribunal · Decided on 4 December 2020

HON’BLE JUDGES
Manorama Kumari, Member (Judicial) · Chockalingam Thirunavukkarasu, Member (Technical)
CASE NUMBER
C.P.(I.B) No.228/NCLT/AHM/2018

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Judgment

3 paragraphs · 133 words

The instant application is filed under Section 9 of the Insolvency and Bankruptcy Code, 2016.

On perusal of the records, it is found that one IA, i.e. IA 626 of 2020, has been filed separately for condoning the delay of 358 days in filing petition under Section 9 of the I&B Code. The said IA was dismissed on 25.09.2020, as not maintainable. However, due to inadvertence, the instant petition is remained unheard. Though, admittedly there was delay of 358 days, it had to be dismissed along with IA 626 of 2020. It has come to our knowledge only today.

Since delay of 358 days is not condoned, which is prayed in IA 626 of 2020, the instant petition will not survive. Under such circumstances, the instant IB Petition is dismissed as time barred.