# In the matter of Aegis Glass Container Pvt. Ltd. 
C.P.(IB)-41(MB)-2020

> NCLT judgment dated 2021-04-15. Citation: TCN-2021-NCLT-02377. The case pertains to a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016.…

- **Court:** NCLT
- **Order date:** 15 Apr 2021
- **Citation:** TCN-2021-NCLT-02377
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/aegis-glass-container-pvt-ltd-cpib-41mb-2020-1d917a90

## Summary

### Background

The case pertains to a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016. The matter was taken up through virtual hearing. The petitioner's service affidavit was not filed as directed by the tribunal in an earlier order dated 16.02.2021.

## Facts

State Bank of India filed a company petition against Aegis Glass Container Pvt Ltd under Section 7 of the Insolvency and Bankruptcy Code, 2016. The matter was heard virtually. The petitioner, State Bank of India, failed to file the service affidavit as directed by the tribunal in its earlier order dated 16.02.2021. The tribunal inferred that the petitioner was not interested in prosecuting the company petition. Consequently, the tribunal dismissed the company petition for non-prosecution.

## Issues and analysis

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

**Ratio:** A company petition can be dismissed for non-prosecution if the petitioner fails to comply

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**Reasoning:** The tribunal reasoned that the petitioner's failure to file the service affidavit, as

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**Interpretation:** This case interprets the procedural requirements of the Insolvency and

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**Application:** In this specific case, the petitioner's failure to file the service affidavit,

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## Parties

- **Judges:** H.V. Subb…; Shyam Babu…
- **Appellants:** State Bank of…
- **Respondents:** Aegis Glass…

## Timeline

- **2021-02-16 — Earlier Tribun…**: The tribunal issued an earlier order directing…
- **2021-04-15 — Order of Di…**: The tribunal dismissed the company petition for non-prosecution due to the petitioner's…

## 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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