# In the matter of GPI Textiles Limited CP (IB) No. 51-Chd-HP-2018

> NCLT judgment dated 2018-12-10. Citation: TCN-2018-NCLT-00132. The case pertains to a petition filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 10 Dec 2018
- **Citation:** TCN-2018-NCLT-00132
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/gpi-textiles-limited-cp-ib-no-51-chd-hp-2018-10634b70

## Summary

### Background

The case pertains to a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The petition was initially filed in the Registry and listed on 06.03.2018. It was noted that the petitioner had not dispatched a copy of the petition to the respondent-corporate debtor as required by Rule 6(2) of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. The Registry was directed to list the matter after compliance.

## Facts

M/s. Bajrang Agro filed a petition against GPI Textiles Limited under Section 9 of the Insolvency and Bankruptcy Code, 2016. The petition was filed in the Registry and listed on 06.03.2018. The court noted that M/s. Bajrang Agro had not dispatched a copy of the petition to GPI Textiles Limited, the respondent-corporate debtor, as required by Rule 6(2) of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. Despite being directed to comply, M/s. Bajrang Agro failed to do so for over nine months. Consequently, the court disposed of the petition, granting M/s. Bajrang Agro the liberty to file a fresh petition on the same cause of action.

## Issues and analysis

### Issue 1: Whether the petitioner's failure to serve the petition copy to the respondent-corporate debtor as …

**Ratio:** Compliance with procedural rules, specifically Rule 6(2) of the Insolvency and Bankruptcy

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**Reasoning:** The court reasoned that serving the petition copy to the respondent-corporate debtor is a

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**Interpretation:** Rule 6(2) is interpreted as a mandatory provision that ensures fairness and

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**Application:** In this case, the petitioner's failure to serve the petition copy to GPI

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## Parties

- **Judges:** R.P.Nag…; Pradeep R.…
- **Appellants:** M/s. Bajran…
- **Respondents:** GPI Textiles…

## Timeline

- **2018-02-02 — Petition…**: The instant petition was filed in…
- **2018-03-06 — Petition L…**: The petition was listed, and it was noted that the petitioner had not dispatched a copy…

## 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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