Tribunals and CommissionsDivision Bench(2020) 07 NCLT CK 0488

Gayatri Corporation Proprietor Paresh Shah vs Origin Laboratories Pvt Ltd

National Company Law Tribunal · Decided on 28 July 2020

HON’BLE JUDGES
Manorama Kumari, Member Judicial · Chockalingam Thirunavukkarasu, Member Technical
CASE NUMBER
C.P.(I.B) No. 560/NCLT/AHM/2019

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Judgment

5 paragraphs · 253 words

Origin Laboratories Pvt Ltd

ORDER (through video conferencing)

Learned FCA, Mr. Kiran Shah appeared for the Respondent and submitted that the Petitioner is not appearing from the last few dates. Hence, the matter may be dismissed.

On perusal of the record, it is found that on 20.01.2020, both sides were heard partly. During the hearing, the Petitioner requested time to produce some documents in support of his contention. Accordingly, the matter was fixed on 06.02.2020. On 06.02.2020, when the matter was taken for hearing, none appeared on behalf of the Petitioner, however, Learned FCA, Mr. Kiran Shah was present. Thereafter, the matter was listed on 18.03.2020, the Petitioner failed to file rebuttal documents, hence right to file rebuttal was closed. However, the matter was fixed on 22.04.2020 for hearing. Since there was lockdown on 22.04.2020, the matter was listed on 25.06.2020, on that date the Petitioner requested time to file rebuttal documents, but the right to file rebuttal documents was already closed on 18.03.2020. Consequent upon which, and also due to Covid-19, the matter was adjourned for hearing on 08.07.2020. On 08.07.2020, none appeared on behalf of the Petitioner. However, the matter was posted for hearing on 28.07.2020 i.e. today, today also none appeared on behalf of the Petitioner.

On perusal of the record, it is found that the Petitioner is having knowledge but even then, he is not appearing and complete the arguments, though, the matter was pending since long. In view of that, the present IB petition is dismissed for non-prosecution.