# In the matter of Jardine Shipping Services (India) Pvt. Ltd. T.C.P. No. 1327-(MAH)-2017

> NCLT judgment dated 2017-09-08. Citation: TCN-2017-NCLT-00443. The case pertains to a Company Petition filed under the Insolvency & Bankruptcy Code, 2016. The…

- **Court:** NCLT
- **Order date:** 8 Sept 2017
- **Citation:** TCN-2017-NCLT-00443
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/jardine-shipping-services-india-pvt-ltd-tcp-no-1327-mah-2017-97eb876a

## Summary

### Background

The case pertains to a Company Petition filed under the Insolvency & Bankruptcy Code, 2016. The National Company Law Tribunal (NCLT), Mumbai Bench, is hearing the matter. The order sheet indicates that the Form under the Insolvency & Bankruptcy Code, 2016, was not filed on or before 15.07.2017.

## Facts

Jardine Shipping Services (I) Pvt. Ltd. filed a Company Petition. The Registrar of Companies is the respondent. The Petitioner Counsel was present during the hearing. The NCLT Mumbai Bench verified the records and found that the Form under the Insolvency & Bankruptcy Code, 2016, was not filed on or before 15.07.2017. As a result, the Company Petition was abated with liberty as mentioned in the Notification dated 29.6.2017. The case was heard on 08.09.2017.

## Issues and analysis

### Issue 1: Whether the Company Petition should be admitted given that the required form under the Insolvency …

**Ratio:** Failure to comply with the statutory requirements and deadlines prescribed under the

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**Reasoning:** The NCLT verified the records and found that the necessary form was not filed by the

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**Interpretation:** The Insolvency & Bankruptcy Code, 2016, sets forth specific procedures and

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**Application:** In this case, the failure to file the required form by 15.07.2017, as mandated

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## Parties

- **Judges:** B.S.V. Prakash…; V. Nallasen…
- **Appellants:** Jardine Shipping…
- **Respondents:** The Registrar of…

## Timeline

- **2017-06-29 — Notificatio…**: Notification date…
- **2017-07-15 — Filing De…**: Deadline for filing the Form under…

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