# In the matter of GCL Private Limited CP (IB) No. 149-BB-2019

> NCLT judgment dated 2019-04-23. Citation: TCN-2019-NCLT-03748. M/s. XNG Automation Solutions Private Limited filed CP(IB) No. 149/BB/2019 under Section 9 of…

- **Court:** NCLT
- **Order date:** 23 Apr 2019
- **Citation:** TCN-2019-NCLT-03748
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/gcl-private-limited-cp-ib-no-149-bb-2019-cf19e71b

## Summary

### Background

M/s. XNG Automation Solutions Private Limited filed CP(IB) No. 149/BB/2019 under Section 9 of the Insolvency & Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process against M/s. GCL Private Limited. The application was based on the corporate debtor's failure to pay an outstanding amount of Rs. 11,82,740/-.

## Facts

M/s. XNG Automation Solutions Private Limited, an operational creditor, filed an application (CP(IB) No. 149/BB/2019) under Section 9 of the Insolvency & Bankruptcy Code, 2016, against M/s. GCL Private Limited, the corporate debtor, due to an outstanding debt of Rs. 11,82,740/-. The application was filed on 2019-03-14. The Registry raised office objections on 2019-03-22, which were communicated to the petitioner's counsel on 2019-03-25. The petitioner failed to comply with the objections within the given timeframe. The case was listed on 2019-04-10, 2019-04-22, and 2019-04-23. The petitioner or their counsel were absent on multiple occasions. The court noted the petitioner's lack of interest in prosecuting the case. This lack of prosecution is relevant because it

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## Issues and analysis

### Issue 1: Whether the application CP(IB) No. 149/BB/2019 should be admitted for initiating Corporate …

**Ratio:** An application for initiating Corporate Insolvency Resolution Process can be rejected if

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**Reasoning:** The court reasoned that the petitioner's repeated absence and failure to address the

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**Interpretation:** The interpretation of the IBC emphasizes the importance of adhering to

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**Application:** In this case, the petitioner's failure to comply with the office objections and

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## Parties

- **Judges:** Ratakonda…; Ashok Kumar…; +1 more
- **Appellants:** XNG Automation…
- **Respondents:** GCL Private…

## Timeline

- **2019-03-14 — Petition…**: The Petition was filed…
- **2019-03-22 — Office Objectio…**: The Registry raised certain office…

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