# In the matter of Kale Infra Projects Private Ltd. Company Petition No. TCP 234-I&BP-NCLT-MB-MAH-2017

> NCLT judgment dated 2017-08-18. Citation: TCN-2017-NCLT-00594. The case pertains to a transferred petition from the High Court to the National Company Law…

- **Court:** NCLT
- **Order date:** 18 Aug 2017
- **Citation:** TCN-2017-NCLT-00594
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/kale-infra-projects-private-ltd-company-petition-no-tcp-234-ibp-nclt-mb-mah-2017-6a395002

## Summary

### Background

The case pertains to a transferred petition from the High Court to the National Company Law Tribunal (NCLT), Mumbai Bench, under the Insolvency & Bankruptcy Code 2016. The petitioner is M/s. Ultratech Cement Ltd., and the respondent is M/s. Kale Infra Projects Private Ltd. The Learned Representative stated that the requisite compliances as per Notification dated 29.06.2017 [F. No.1/5/2016-CL-V] GSR 732(E) could not be made.

## Facts

M/s. Ultratech Cement Ltd. filed a petition against M/s. Kale Infra Projects Private Ltd. The petition was initially filed in the High Court and subsequently transferred to the National Company Law Tribunal (NCLT), Mumbai Bench. The Learned Representative stated that the requisite compliances as per Notification dated 29.06.2017 [F. No.1/5/2016-CL-V] GSR 732(E) could not be made. The petitioner was granted liberty to file a fresh application/petition. The petition was disposed of as 'abated'.

## Issues and analysis

### Issue 1: Whether the transferred petition from the High Court should be admitted given the non-compliance …

**Ratio:** Compliance with procedural requirements and notifications is essential for the

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**Reasoning:** The court acknowledged the Learned Representative's statement that the requisite

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**Interpretation:** The interpretation is that strict adherence to the notifications and procedural

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**Application:** Since the petitioner could not comply with the notification dated 29.06.2017

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## Parties

- **Judges:** M.K. Sh…; Bhaskara Pantula…
- **Appellants:** M/s. ULTRATECH…
- **Respondents:** M/s. Kale Infra…

## Timeline

- **2017-06-29 — Notificatio…**: Date of Notification [F. No.1/5/2016-CL-V] GSR 732(E), compliance with which could not be…
- **2017-08-18 — Order Da…**: The court disposed of the transferred petition as 'abated' and granted liberty to the…

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