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Judgment
Per: Dr. Ashok Kumar Mishra, Member (Technical)
C.P.(IB)No.186/BB/2018 is filed by M/s.Natural Capsules Private Limited (hereinafter referred to as ‘Petitioner/Operational Creditor’) under Section 9 of the IBC, 2016 read with Rule 6 of the I&B (Application to Adjudicating Authority) Rules, 2016, by inter alia seeking to initiate Corporate Insolvency Resolution Process (CIRP) in respect of M/s.Ayurwin Pharma 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.26,68,570/- (Rupees Twenty Six Lakhs Sixty Eight Thousand Five Hundred and Seventy Only).
The case was listed for admission on various dates viz., 25.10.2018, 31.10.2018, 05.11.2018, 06.12.2018, 01.01.2019, 18.01.2019, 05.02.2019, 26.02.2019, 25.03.2019, 11.04.2019, 25.04.2019, 10.05.2019, 31.05.2019, 17.06.2019, 24.06.2019, 27.06.2019, 29.07.2019, 14.08.2019, 20.08.2019, 13.09.2019 & 27.09.2019. However, neither the Petitioner nor the Counsel for the Petitioner appeared before the Adjudicating Authority on 25.10.2018, 25.03.2019 & 17.06.2019 for prosecution of the case.
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 27.09.2019. 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.
In the result, C.P.(IB)No.186/BB/2018 is dismissed for default for non-prosecution of the case. No order as to costs.