# In the matter of Gammon Engineers and Contractors Pvt. Ltd. C.P. (IB)-3068(MB)-2019

> NCLT judgment dated 2021-07-01. Citation: TCN-2021-NCLT-01883. The case pertains to CP 3068/2019 filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 1 Jul 2021
- **Citation:** TCN-2021-NCLT-01883
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/gammon-engineers-and-contractors-pvt-ltd-cp-ib-3068mb-2019-94608f2e

## Summary

### Background

The case pertains to CP 3068/2019 filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The petitioner was absent not only on the current hearing date but also on previous occasions when the matter was listed. The petitioner failed to serve a copy of the Company Petition on the Respondent despite a direction to do so.

## Facts

Glotech Engineering Pvt Ltd filed a petition (CP 3068/2019) against Gammon Engineers and Contractors Pvt Ltd under Section 9 of the Insolvency and Bankruptcy Code, 2016. The matter was listed on 22.02.2021 and 25.01.2021. The petitioner, Glotech Engineering Pvt Ltd, was not present during the hearing. Furthermore, Glotech Engineering Pvt Ltd failed to serve a copy of the Company Petition to Gammon Engineers and Contractors Pvt Ltd, the respondent, despite a court direction dated 22.02.2021. The counsel representing the corporate debtor (CD) was present. The court interpreted the petitioner's repeated absence and failure to serve the petition as a lack of interest in prosecuting the matter.

## Issues and analysis

### Issue 1: Whether the petition CP 3068/2019 should be dismissed due to the petitioner's absence and failure …

**Ratio:** A case can be dismissed for non-prosecution if the petitioner demonstrates a lack of

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**Reasoning:** The court reasoned that the petitioner's continuous absence and failure to serve the

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**Interpretation:** This legal issue concerns the procedural requirements and the petitioner's

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**Application:** In this specific case, the petitioner's actions (or lack thereof) directly led

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## Parties

- **Judges:** H.V. Subb…; Chandra Bha…
- **Appellants:** Glotech Engineerin…
- **Respondents:** GAMMON ENGINEERS…

## Timeline

- **2021-01-25 — Matter L…**: The matter was listed…
- **2021-02-22 — Matter Listed and…**: The matter was listed on board, and the petitioner was directed to serve a copy of the…

## 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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