# In the matter of Eastern Spinwell Ltd. IBA-1163-2019

> NCLT judgment dated 2021-07-19. Citation: TCN-2021-NCLT-01685. The case involves an application filed by NSL Wind Power Company (Phoolwadi) Pvt Ltd against…

- **Court:** NCLT
- **Order date:** 19 Jul 2021
- **Citation:** TCN-2021-NCLT-01685
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/eastern-spinwell-ltd-iba-1163-2019-5f61ca66

## Summary

### Background

The case involves an application filed by NSL Wind Power Company (Phoolwadi) Pvt Ltd against Eastern Spinwell Ltd under Section 9 of the IBC 2016. The application was initially filed on September 10, 2019. The petitioner sought time for settlement, and the matter was listed on February 12, 2021, for reporting settlement. At the request of the petitioner's counsel, the matter was adjourned to March 3, 2021, for the same purpose. On March 3, 2021, the petitioner's counsel requested more time to file a joint memo of compromise, and the matter was adjourned to April 28, 2021.

## Facts

On September 10, 2019, NSL Wind Power Company (Phoolwadi) Pvt Ltd filed an application against Eastern Spinwell Ltd under Section 9 of the IBC 2016. The case was adjourned to February 12, 2021, and then to March 3, 2021, at the petitioner's request for reporting settlement. On March 3, 2021, the petitioner sought more time to file a joint memo of compromise, leading to another adjournment to April 28, 2021. The petitioner's counsel stated that Rs. 10 lakhs out of the total outstanding amount had been received, with Rs. 2 lakhs still due. Subsequently, the petitioner's counsel expressed a lack of interest in pursuing the matter further. This lack of interest led to the dismissal of the application for non-prosecution.

## Issues and analysis

### Issue 1: Whether the application filed by NSL Wind Power Company (Phoolwadi) Pvt Ltd against Eastern …

**Ratio:** The legal principle applied is that a court may dismiss an application if the petitioner

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**Reasoning:** The court reasoned that the petitioner's expressed lack of interest in pursuing the

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**Interpretation:** This interpretation suggests that the court has the discretion to dismiss cases

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**Application:** In this specific case, the petitioner's explicit statement of not being

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## Parties

- **Judges:** R. Sucha…; Anil Ku…
- **Appellants:** NSL Wind Power…
- **Respondents:** Eastern Spinwell…

## Timeline

- **2019-09-10 — Application…**: NSL Wind Power Company (Phoolwadi) Pvt Ltd filed an application against Eastern Spinwell…
- **2021-02-12 — Matter Listed for…**: The matter was listed for reporting…

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