# In the matter of ABC Valves Private Limited Company Petition No. TCP 676-I&BP-NCLT-MB-MAH-2017

> NCLT judgment dated 2017-07-28. Citation: TCN-2017-NCLT-00693. The case pertains to a company petition filed under the Insolvency & Bankruptcy Code 2016. The…

- **Court:** NCLT
- **Order date:** 28 Jul 2017
- **Citation:** TCN-2017-NCLT-00693
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/abc-valves-private-limited-company-petition-no-tcp-676-ibp-nclt-mb-mah-2017-2a917c7d

## Summary

### Background

The case pertains to a company petition filed under the Insolvency & Bankruptcy Code 2016. The matter was transferred from the Hon'ble High Court of Bombay, relating to provisions of Section 433(e) of the Companies Act, 1956. The case was listed on multiple dates (2017-04-25 and 2017-06-28), but no one attended. The registry intimated the next date of hearing to the parties.

## Facts

Mr. Mukesh Dhirajlal Shah, representing Swastik Synergy Engineering Pvt. Ltd., filed a company petition against M/s. ABC Valves Private Limited. The case was initially with the Bombay High Court and was transferred to the National Company Law Tribunal (NCLT) under the provisions of Section 433(e) of the Companies Act, 1956. The matter was listed on 2017-04-25 and 2017-06-28, but no one attended the hearings. The registry informed the parties about the next hearing date. The petitioner, despite multiple opportunities, did not appear or pursue the petition. The court noted the procedure for intimation, which includes uploading the cause list on the NCLT website and displaying directions given on hearing in the official site. A notification dated 2017-06-29 allowed

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## Issues and analysis

### Issue 1: Whether the company petition should be dismissed due to the petitioner's failure to appear and …

**Ratio:** A case can be dismissed for want of prosecution if the petitioner fails to appear and

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**Reasoning:** The court observed that the petitioner was given numerous opportunities to appear, but

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**Interpretation:** This legal principle allows courts to dismiss cases where the petitioner

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**Application:** In this case, the petitioner's repeated absence and failure to prosecute the

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## Parties

- **Judges:** M.K. Sh…; RavikumarDu…
- **Appellants:** Mukesh Dhirajlal…
- **Respondents:** M/s. ABC Valves…

## Timeline

- **1956-01-01 — Companies Ac…**: Reference to provisions of…
- **2017-04-25 — Matter L…**: The matter was listed on this…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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