Tribunals and CommissionsDivision Bench(2019) 09 NCLT CK 0894

M/s. Tracks & Towers Infratech Private Limited vs M/s. GMR Chhattisgarh Energy Limited

National Company Law Tribunal, Bengaluru Bench · Decided on 4 September 2019

HON’BLE JUDGES
Rajeswara Rao Vittanala, Member (Judicial) · Ashok Kumar Mishra, Member (Technical)
CASE NUMBER
C. P (IB) No.288/BB/2019

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Judgment

5 paragraphs · 223 words

Per: Dr. Ashok Kumar Mishra, Member (Technical)

1.

C.P(IB)No.288/BB/2019 is filed by M/s. Tracks & Towers Infratech Private Limited (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. GMR Chhattisgarh Energy Limited (Respondent/Corporate Debtor) on the ground that the Corporate Debtor has committed, default amount for an amount of Rs.4,13,07,239/- (Rupees Four Crore Thirteen Lakhs Seven Thousand Two Hundred and Thirty Nine only).

2.

The Petition was filed before the Bench on 07.06.2019, and on scrutiny of the Application the Registry has raised certain office objections on 12.06.2019 and the same were sent by email to the Counsel on 13.06.2019. However, the Objections were not complied within the time granted and the case was listed on 21.08.2019 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.288/BB/2019 is dismissed for default for non-compliance of office objections of the case. No order as to costs.