# In the matter of Auro Make My Hall Pvt. Ltd. C.P. (IB) No. 85-BB-2020

> NCLT judgment dated 2020-03-02. Citation: TCN-2020-NCLT-01733. The case pertains to C.P.(IB) No. 85/BB/2020 filed by Mr. Shrenik Sutariya, an operational…

- **Court:** NCLT
- **Order date:** 2 Mar 2020
- **Citation:** TCN-2020-NCLT-01733
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/auro-make-my-hall-pvt-ltd-cp-ib-no-85-bb-2020-4863e136

## Summary

### Background

The case pertains to C.P.(IB) No. 85/BB/2020 filed by Mr. Shrenik Sutariya, an operational creditor, under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016, read with Rule 6 of the I&B (AAA) Rules, 2016, seeking to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s. Auro Make My Hall Private Limited, the corporate debtor. The petition was based on the corporate debtor's alleged default of Rs. 6,71,738 as of December 21, 2018, which included interest and legal expenses.

## Facts

Mr. Shrenik Sutariya, an operational creditor, filed C.P.(IB) No. 85/BB/2020 under Section 9 of the IBC, 2016, seeking to initiate CIRP against M/s. Auro Make My Hall Private Limited, the corporate debtor. The basis for the petition was a default of Rs. 6,71,738 as of December 21, 2018, including interest and legal expenses. The petition was filed on January 9, 2020. The Registry raised office objections, communicated to the petitioner's counsel on January 24, 2020. The case was listed on February 27, 2020, for non-compliance with these objections. Neither the petitioner nor their counsel appeared on February 27, 2020, or on March 2, 2020. The Adjudicating Authority dismissed the petition for default due to non-compliance with office objections. The relevance of the

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## Issues and analysis

### Issue 1: Whether the petition C.P.(IB) No. 85/BB/2020 should be dismissed due to the petitioner's …

**Ratio:** The ratio is that a petition can be dismissed for default if the petitioner fails to

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**Reasoning:** The court reasoned that the petitioner's failure to comply with office objections and

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**Interpretation:** The interpretation is that the Adjudicating Authority has the power to dismiss

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** Rajeswara Rao…; Ashutosh C…
- **Appellants:** Shrenik Su…
- **Respondents:** Auro Make My Hall…; Auro make My Hall…
- **Advocates:** Shrenik Su…

## Timeline

- **2018-12-21 — Default…**: Corporate Debtor defaulted on…
- **2020-01-09 — Petition…**: C.P.(IB) No. 85/BB/2020 filed…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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