# In the matter of Aditya Informatique India Pvt. Ltd. T.C.P. No. 540-(MAH)-2017

> NCLT judgment dated 2017-09-06. Citation: TCN-2017-NCLT-00465. The case involves a transferred petition from the High Court to the National Company Law…

- **Court:** NCLT
- **Order date:** 6 Sept 2017
- **Citation:** TCN-2017-NCLT-00465
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/aditya-informatique-india-pvt-ltd-tcp-no-540-mah-2017-3d878e58

## Summary

### Background

The case involves a transferred petition from the High Court to the National Company Law Tribunal (NCLT) concerning an outstanding debt of Rs. 8,26,130 under section 433(e) of the Old Act. The petitioner was required to file a requisite form as per Notification No. 732(E) dated 30.06.2017 by 15.07.2017.

## Facts

A petition was transferred from the High Court to the National Company Law Tribunal (NCLT) regarding an outstanding debt of Rs. 8,26,130 under section 433(e) of the Old Act. The petitioner was obligated to file a specific form as per Notification No. 732(E) dated 30.06.2017, with a deadline of 15.07.2017. The petitioner failed to submit the required form within the stipulated timeframe. This failure led to the abatement of the petition. However, the petitioner retains the option to file a fresh petition, as per the 1st Proviso to the Notification.

## Issues and analysis

### Issue 1: Whether the petition should be abated due to the petitioner's failure to file the requisite form …

**Ratio:** The legal principle is that failure to comply with mandatory procedural requirements,

…

**Reasoning:** The court reasoned that the petitioner's failure to file the requisite form by the

…

**Interpretation:** The interpretation is that procedural rules and deadlines are to be strictly

…

**Application:** In this specific case, the petitioner's failure to file the requisite form

…

## Parties

- **Judges:** M.K. Sh…; Bhaskara Pantula…
- **Appellants:** Capital Fir…
- **Respondents:** Aditya Informatiqu…

## Timeline

- **2017-06-30 — Notificatio…**: Notification No. 732(E) was issued,…
- **2017-07-15 — Filing De…**: Deadline for the petitioner…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/aditya-informatique-india-pvt-ltd-tcp-no-540-mah-2017-3d878e58