Tribunals and CommissionsDivision Bench(2019) 11 NCLT CK 0694

M/s.Caliper & Clamp Interior Solutions Private Limited vs M/s.Mantri Developers Pvt. Ltd.

National Company Law Tribunal, Bengaluru Bench · Decided on 26 November 2019

HON’BLE JUDGES
Rajeswara Rao Vittanala, Member (Judicial) · Ashutosh Chandra, Member (Technical)
CASE NUMBER
C.P.(IB)No.360/BB/2019

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Judgment

5 paragraphs · 220 words

Per: Ashutosh Chandra, Member (Technical)

1.

C.P.(IB)No.360/BB/2019 is filed by M/s.Caliper & Clamp Interior Solutions Private Limited (hereinafter referred to as 'Petitioner/Operational Creditor') U/s 9 of the IBC, 2016, R/w Rule 6 of the I&B (AAA) Rules, 2016, by inter alia seeking to initiate Corporate Insolvency Resolution Process (CIRP) in respect of M/s.Mantri Developers Private Limited (hereinafter referred to as 'Respondent/Corporate Debtor') on the ground that the Corporate Debtor has committed default for a total outstanding amount of Rs.3,87,531.91/- (Rupees Three Lakhs Eighty Seven Thousand Five Hundred Thirty One and Ninety One Paise Only) which include principle and interest.

2.

The case was listed for admission on various dates viz., 07.11.2019, 15.11.2019 & 20.11.2019. However, neither the Petitioner nor the Counsel for the Petitioner appeared before the Adjudicating Authority on 15.11.2019 & 20.11.2019 for prosecution of the case.

3.

On perusal of the records, it shows that the case is not being prosecuted diligently. Therefore, the case was posted under the caption “For Dismissal” on 26.11.2019. Today also none appeared for the Petitioner. It shows that the Petitioner is not interested to prosecute the case, and therefore, the Petition is liable to be dismissed for default for non-prosecution of the case.

4.

In the result, C.P.(IB)No.360/BB/2019 is dismissed for default for non-prosecution of the case. No order as to costs.