# In the matter of Leak Proof Pumps and Seals (I) Pvt. Ltd. T.C.P. No. 742-(MAH)-2017

> NCLT judgment dated 2017-10-05. Citation: TCN-2017-NCLT-00316. The case involves two petitions, T.C.P. No. 742/I&BC/NCLT/MB/MAH/2017 and T.C.P. No.…

- **Court:** NCLT
- **Order date:** 5 Oct 2017
- **Citation:** TCN-2017-NCLT-00316
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/leak-proof-pumps-and-seals-i-pvt-ltd-tcp-no-742-mah-2017-6b94cb88

## Summary

### Background

The case involves two petitions, T.C.P. No. 742/I&BC/NCLT/MB/MAH/2017 and T.C.P. No. 743/I&BC/NCLT/MB/MAH/2017, which were transferred from the Hon'ble High Court to the National Company Law Tribunal (NCLT), Mumbai Bench. The petitioner failed to file the requisite form for transfer as prescribed under Notification No. GSR-732(E) dated 30.06.2017.

## Facts

Veermani Engineering Co. filed petitions against Leak Proof Pumps (India) Pvt. Ltd. The petitions, T.C.P. No. 742/I&BC/NCLT/MB/MAH/2017 and T.C.P. No. 743/I&BC/NCLT/MB/MAH/2017, were transferred from the High Court to the NCLT. The petitioner, Veermani Engineering Co., did not file the requisite form for the transfer as required by Notification No. GSR-732(E) dated 30.06.2017. The notification stipulated that the forms should be filed on or before 15.07.2017. Despite this, the notification allowed the petitioner to file a fresh petition under the Insolvency Code. As a result of the non-compliance, the NCLT disposed of the petitions as abated.

## Issues and analysis

### Issue 1: Whether the petitions should be dismissed due to the petitioner's failure to file the requisite …

**Ratio:** Compliance with procedural requirements, such as filing requisite forms within the

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**Reasoning:** The court reasoned that the petitioner's failure to file the requisite forms as per

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**Interpretation:** The interpretation of the notification emphasizes the importance of adhering to

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** M.K. Sh…; Bhaskara Pantula…
- **Appellants:** Veermani Engineeri…
- **Respondents:** Leak Proof Pumps…

## Timeline

- **2017-06-30 — Notificatio…**: Notification No. GSR-732(E) was issued,…
- **2017-07-15 — Deadline for Fo…**: The notification prescribed that the requisite forms should be filed on or before this…

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