# In the matter of Glamour Hospitality Private Limited Company Petition No. TCP 239-I&BP-NCLT-MB-MAH-2017

> NCLT judgment dated 2017-08-22. Citation: TCN-2017-NCLT-00552. The case pertains to a Company Petition (TCP 239/I&BP/N-CLT/MB/MAH/2017) before the National…

- **Court:** NCLT
- **Order date:** 22 Aug 2017
- **Citation:** TCN-2017-NCLT-00552
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/glamour-hospitality-private-limited-company-petition-no-tcp-239-ibp-nclt-mb-mah-140c1cb5

## Summary

### Background

The case pertains to a Company Petition (TCP 239/I&BP/N-CLT/MB/MAH/2017) before the National Company Law Tribunal (NCLT), Mumbai Bench, concerning the Insolvency & Bankruptcy Code 2016. The matter involves M/s. Span Interiors and M/s. Glamour Hospitality Private Limited. The case was transferred from the High Court of Bombay, related to provisions of Sections 433(e) and 434 of the Companies Act, 1956.

## Facts

The case involves a company petition before the NCLT Mumbai concerning the Insolvency & Bankruptcy Code 2016. The matter was initially with the High Court of Bombay under Sections 433(e) and 434 of the Companies Act, 1956, and was subsequently transferred to the NCLT. The petitioner/creditor failed to appear despite multiple opportunities. The NCLT follows a three-fold procedure for intimation, including uploading the cause list, displaying hearing directions, and updating the cause list status on the official site. The petitioner's absence led the court to believe they were not serious about pursuing the petition. A notification dated 29.06.2017 allows parties to file fresh applications under sections 7, 8, or 9 of the Code after July 15, 2017. The relevance of

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## Issues and analysis

### Issue 1: Whether the petition should be rejected due to the …

**Ratio:** A petition can be rejected if the petitioner fails to appear and prosecute the case

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**Reasoning:** The court reasoned that the petitioner's repeated absence, despite multiple

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**Interpretation:** The interpretation is that a petitioner has a responsibility to actively pursue

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**Application:** In this case, the petitioner's absence, despite being given multiple

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## Parties

- **Judges:** M.K. Sh…; Bhaskara Pantula…
- **Respondents:** GLAMOUR HOSPITALIT…

## Timeline

- **1956-01-01 — Companies Ac…**: Reference to provisions 433(e) and 434 of the Companies Act, 1956, related to the…
- **2016-01-01 — Insolvency & Bankruptcy…**: The case is in the matter of…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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