# In the matter of Dunnimaa Engineers and Divers Enterprises Pvt. Ltd. T C P No. 522-(MAH)-2017

> NCLT judgment dated 2017-11-06. Citation: TCN-2017-NCLT-00241. The case originates from a transfer petition filed in the High Court under Section 433 of the…

- **Court:** NCLT
- **Order date:** 6 Nov 2017
- **Citation:** TCN-2017-NCLT-00241
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/dunnimaa-engineers-and-divers-enterprises-pvt-ltd-t-c-p-no-522-mah-2017-6e3d94cc

## Summary

### Background

The case originates from a transfer petition filed in the High Court under Section 433 of the Companies Act, concerning an outstanding debt of Rs. 21,45,519. Subsequently, the matter was transferred to the National Company Law Tribunal (NCLT) as per a notification. Despite multiple appearances scheduled on 19.04.2017, 21.07.2017, 24.08.2017, 11.09.2017, 26.09.2017 and 06.11.2017, the petitioner failed to appear, indicating a lack of diligence in pursuing the matter.

## Facts

A transfer petition was initially filed in the High Court under Section 433 of the Companies Act, concerning an outstanding debt of Rs. 21,45,519. The case was then transferred to the NCLT. The petitioner repeatedly failed to appear at scheduled hearings on 19.04.2017, 21.07.2017, 24.08.2017, 11.09.2017, 26.09.2017 and 06.11.2017. Crucially, Form No. 5, required to be filed by 15.07.2017 according to Notification No. GSR-732 dated 30.06.2017, was not submitted. This non-compliance led to the petition being abated.

## Issues and analysis

### Issue 1: Whether the petition should be abated due to the petitioner's failure to file Form No. 5 within the …

**Ratio:** Failure to comply with mandatory procedural requirements, such as filing necessary forms

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**Reasoning:** The court reasoned that the petitioner's failure to file Form No. 5 by 15.07.2017, as

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**Interpretation:** The interpretation of the notification and the relevant provisions of the

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**Application:** In this specific case, the ratio was applied to the fact that Form No. 5 was

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## Parties

- **Judges:** M.K. Sh…; Bhaskara Pantula…
- **Appellants:** Jaidhir…
- **Respondents:** Dunnimaa Engineers…

## Timeline

- **N/A — Transfer Petiti…**: Transfer Petition filed in the Hon'ble High…
- **2017-04-19 — First Appearanc…**: The matter appeared for the first…

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