# in the matter of Black Gold Exim Private Limited T.C.P. No. 132-I&BP-NCLT-MB-MAH-2017

> NCLT judgment dated 2017-07-24. Citation: TCN-2017-NCLT-00707. The case pertains to a matter transferred from the Hon'ble High Court of Bombay under Section…

- **Court:** NCLT
- **Order date:** 24 Jul 2017
- **Citation:** TCN-2017-NCLT-00707
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/black-gold-exim-private-limited-tcp-no-132-ibp-nclt-mb-mah-2017-fe7a891c

## Summary

### Background

The case pertains to a matter transferred from the Hon'ble High Court of Bombay under Section 433(e) of the Companies Act, 1956. The matter was listed multiple times, but the petitioner failed to appear. The court noted that procedures were in place to inform parties about hearing dates, including uploading cause lists on the NCLT website and displaying hearing directions daily. Despite multiple opportunities, the petitioner did not pursue the petition.

## Facts

The case involves Agarwal Coal Corporation Private Limited as the petitioner and M/s. Black Gold Exim Private Limited as the respondent. The matter was transferred from the High Court of Bombay under Section 433(e) of the Companies Act, 1956. The petitioner, Agarwal Coal Corporation Private Limited, failed to appear on multiple scheduled hearing dates (12.04.2017, 15.06.2017, 10.07.2017, and 24.07.2017). The court emphasized that the cause list and hearing directions were publicly available on the NCLT website. The petitioner's absence led to the dismissal of the petition. A notification dated 29.06.2017 allowed parties to file fresh applications under sections 7, 8, or 9 of the Insolvency and Bankruptcy Code after July 15, 2017.

## Issues and analysis

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

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

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**Reasoning:** The court noted that the petitioner was given multiple opportunities to appear, but the

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**Interpretation:** The principle of 'want of prosecution' allows a court to dismiss a case when

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**Application:** Given that Agarwal Coal Corporation Private Limited repeatedly failed to appear

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## Parties

- **Judges:** M.K. Sh…; RavikumarDu…
- **Appellants:** Agarwal Coal…
- **Respondents:** M/s. BLACK GOLD…

## Timeline

- **2017-04-12 — First Li…**: The matter was listed for the first time, but…
- **2017-06-15 — Second Li…**: The matter was listed again, but none…

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