# In the matter of Grafftech Marine and Engineering Private Limited T.C.P. No. 163-I&BP-NCLT-MB-MAH-2017

> NCLT judgment dated 2017-07-10. Citation: TCN-2017-NCLT-00752. The case pertains to a petition filed under the Companies Act, 1956, specifically Sections…

- **Court:** NCLT
- **Order date:** 10 Jul 2017
- **Citation:** TCN-2017-NCLT-00752
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/grafftech-marine-and-engineering-private-limited-tcp-no-163-ibp-nclt-mb-mah-2017-01719128

## Summary

### Background

The case pertains to a petition filed under the Companies Act, 1956, specifically Sections 433(E), 434(1)(a), and 439. The petitioner was directed to serve Form 5 and Notice of Demand on two occasions, but failed to comply. The procedure of intimation involves uploading the Cause List on the NCLT site, displaying directions on the official site, and displaying the status of the Cause List with the next hearing date.

## Facts

Smt. Shantaben G. Gandhi filed a petition against Grafftech Marine & Engineering Private Limited under the Companies Act, 1956, specifically Sections 433(E), 434(1)(a), and 439. The petitioner was directed on two occasions (06.04.2017 and 28.04.2017) to serve Form 5 and Notice of Demand. The petitioner failed to comply with these directions. The amount of debt involved is Rs. 15,00,000/-. The court noted the petitioner's lack of seriousness and referred to a notification dated 29.06.2017 allowing fresh applications under sections 7, 8, or 9 of the Code after 15.07.2017. Due to non-prosecution, the petition was dismissed.

## Issues and analysis

### Issue 1: Whether the petition should be dismissed due to the petitioner's failure to comply with court …

**Ratio:** A party's failure to comply with court directions can be grounds for dismissal of their

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**Reasoning:** The court noted that the petitioner had been directed on two occasions to serve Form 5

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**Interpretation:** The court interprets the petitioner's non-compliance as a failure to adhere to

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**Application:** The petitioner's failure to serve Form 5 and Notice of Demand, despite being

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## Parties

- **Judges:** M.K. Sh…
- **Appellants:** Shantaben G.…
- **Respondents:** Grafftech Marine…

## Timeline

- **2017-04-06 — First Direction to…**: The Petitioner was directed to…
- **2017-04-28 — Second Direction to…**: The Petitioner was again directed to…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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