Tribunals and CommissionsDivision Bench(2019) 07 NCLT CK 0672

M/s. Indus Marketing vs M/s. Warm Gears Pvt. Ltd.

National Company Law Tribunal, Bengaluru Bench · Decided on 19 July 2019

HON’BLE JUDGES
Rajeswara Rao Vittanala, Member (Judicial) · Ashok Kumar Mishra, Member (Technical)
CASE NUMBER
C. P (IB) No.258/BB/2019

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Judgment

5 paragraphs · 214 words

Per: Rajeswara Rao Vittanala, Member (Judicial)

1.

C.P(IB)No.258/BB/2019 is filed by M/s. Indus Marketing (Petitioner/Operational Creditor) U/s 9 of IBC, 2016, R/w Rule 6 of I&B(AAA) Rules, 2016, by inter alia seeking to initiate Corporate Insolvency Resolution Process (CIRP) in respect of M/s. Warm Gears Pvt. Ltd (Respondent/Corporate Debtor) on the ground that the Corporate Debtor has committed, default amount of Rs.3,98,673/- (Rupees Three Lakhs Ninety Eight Thousand Six Hundred and Seventy Three only).

2.

The Petition was filed before the Bench on 24.05.2019, and on scrutiny of the Application the Registry has raised certain office objections on 29.05.2019 and the same were sent by email to the Counsel on 29.05.2019. However, the Objections were not complied within the time granted and the case was listed on 01.07.2019 for non-compliance of office objections, and on that day neither the Counsel nor the Petitioner appeared before the Tribunal.

3.

The case was posted today under the caption “For Dismissal”. Today also, neither Petitioner nor Counsel for Petitioner appeared. The Petitioner is not interested to prosecute the case and thus Petition is liable to be dismissed for default for non-compliance of office objections.

4.

In the result, C.P. (IB)No.258/BB/2019 is dismissed for default for non-compliance of office objections of the case. No order as to costs.