# In the matter of Maa Mangla Ispat Pvt. Ltd. CP(IB)No. 1683-KB-2018

> NCLT judgment dated 2019-02-20. Citation: TCN-2019-NCLT-04759. The document is an attendance-cum-order sheet from the National Company Law Tribunal (NCLT),…

- **Court:** NCLT
- **Order date:** 20 Feb 2019
- **Citation:** TCN-2019-NCLT-04759
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/maa-mangla-ispat-pvt-ltd-cpibno-1683-kb-2018-2c586623

## Summary

### Background

The document is an attendance-cum-order sheet from the National Company Law Tribunal (NCLT), Kolkata Bench, regarding CP(IB) No. 1683/KB/2018. The hearing took place on February 19, 2019, at 10:30 A.M. The case involves Sanjeev Kumar Kapoor versus Maa Mangla Ispat Pvt. Ltd.

## Facts

The case, CP(IB) No. 1683/KB/2018, involves Sanjeev Kumar Kapoor versus Maa Mangla Ispat Pvt. Ltd. The hearing was held on February 19, 2019. The counsel for the operational creditor was present and endorsed the application as 'not pressed'. Consequently, the NCLT dismissed the Company Petition (C.P.) as 'not pressed'. The relevant section under which the petition was filed is Section 9 of the IBC (Insolvency and Bankruptcy Code).

## Issues and analysis

### Issue 1: Whether the Company Petition should be dismissed given that the operational creditor's counsel has …

**Ratio:** When an operational creditor indicates that they are not pressing an application, the

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**Reasoning:** The court's reasoning is based on the fact that the operational creditor, who initiated

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**Interpretation:** The interpretation is that the operational creditor's decision not to press the

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**Application:** In this specific case, since the counsel for the operational creditor endorsed

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## Parties

- **Judges:** Jinan…
- **Appellants:** Sanjeev Kumar…
- **Respondents:** Maa Mangla Ispat…

## Timeline

- **2019-02-19 — Hearing…**: Hearing held on February…
- **2019-02-19 — Application No…**: Counsel for the Operational Creditor…

## 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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