# In the matter of Gajanan Industries Limited T.C.P. No. 678-I&BP-NCLT-MB-MAH-2017

> NCLT judgment dated 2017-08-16. Citation: TCN-2017-NCLT-00624. The case pertains to T.C.P. NO.678/I&BCP/NCLT/MB/MAH/2017 before the National Company Law…

- **Court:** NCLT
- **Order date:** 16 Aug 2017
- **Citation:** TCN-2017-NCLT-00624
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/gajanan-industries-limited-tcp-no-678-ibp-nclt-mb-mah-2017-65385ee9

## Summary

### Background

The case pertains to T.C.P. NO.678/I&BCP/NCLT/MB/MAH/2017 before the National Company Law Tribunal, Mumbai Bench, concerning Sections 433(e), 434 & 439 of the Companies Act, 1956. The matter was initially transferred from the Hon'ble High Court of Bombay. A list of transferred cases was prepared and publicized to inform the parties involved. The petitioner, Synergy Exports LLP, did not appear despite multiple opportunities.

## Facts

Synergy Exports LLP filed a petition under Sections 433(e), 434 & 439 of the Companies Act, 1956 against Gajanan Industries Limited. The case was transferred from the Bombay High Court to the NCLT. The petitioner, Synergy Exports LLP, failed to appear on multiple scheduled hearings, including on April 27, 2017, and August 14, 2017. The claimed amount was Rs. 99,71,074/-, and no requisite form was filed. The court noted that the petitioner was given several opportunities to appear. The court also referred to a notification dated 29.06.2017, GSR 732(E), allowing parties to file fresh applications under sections 7, 8, or 9 of the Code after July 15, 2017. Due to the petitioner's absence, the petition was dismissed for want of prosecution.

## Issues and analysis

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

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

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**Reasoning:** The court noted that Synergy Exports LLP failed to appear on multiple scheduled hearings.

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**Interpretation:** The legal principle is that a party must actively pursue their case. Failure to

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**Application:** In this case, the petitioner's repeated failure to appear despite multiple

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## Parties

- **Judges:** M.K. Sh…; Bhaskara Pantula…
- **Appellants:** SYNERGY EXPORTS…
- **Respondents:** Gajanan Industries…

## Timeline

- **N/A — Case Fil…**: T.C.P. NO.678/I&BCP/NCLT/MB/MAH/2017 filed before the National Company Law Tribunal,…
- **2017-04-27 — Hearing…**: The matter appeared on 27TH…

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