# In the matter of Murli Industries Limited T.C.P. No. 984-(MAH)-2017

> NCLT judgment dated 2017-09-15. Citation: TCN-2017-NCLT-00408. The case pertains to TCP No. 984/(MAH)/2017 before the National Company Law Tribunal (NCLT),…

- **Court:** NCLT
- **Order date:** 15 Sept 2017
- **Citation:** TCN-2017-NCLT-00408
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/murli-industries-limited-tcp-no-984-mah-2017-5a2e81f0

## Summary

### Background

The case pertains to TCP No. 984/(MAH)/2017 before the National Company Law Tribunal (NCLT), Mumbai Bench. An Insolvency Resolution Professional (IRP), Mr. Vijaykumr Iyer, was appointed to manage the Corporate Debtor company. The counsel appearing on behalf of the IRP requested that the case be dismissed, directing the Petitioner to make their claim before the IRP appointed in CP 66/2017.

## Facts

The case involves Sicom Ltd. as the applicant against Murli Industries Limited. An Insolvency Resolution Professional (IRP), Mr. Vijaykumr Iyer, was appointed to manage Murli Industries Limited. The IRP's counsel requested the dismissal of the case, directing the petitioner to present their claim before the IRP appointed in CP 66/2017. The petitioner failed to file Form 5 as required by Notification {GSR 32 (E)} dated 29.06.2017. This procedural deficiency led to the abatement of the petition. The petitioner retains the liberty to make their claim before the IRP appointed in CP 66/2017.

## Issues and analysis

### Issue 1: Whether the petition should be abated due to the Petitioner's failure to file Form 5 as required by …

**Ratio:** Failure to comply with mandatory procedural requirements, such as filing Form 5 as per

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**Reasoning:** The court verified the records and found that the Petitioner had not filed Form 5. This

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**Interpretation:** The interpretation of the procedural rules emphasizes strict adherence to the

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**Application:** In this case, the Petitioner's failure to file Form 5 directly led to the

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## Parties

- **Judges:** B.S.V. Prakash…; V. Nallasen…
- **Appellants:** SICOM…
- **Respondents:** Murli Industries…
- **Advocates:** Neha Moh…

## Timeline

- **2017-06-29 — Notification {GSR 32…**: Date of the Notification {GSR 32…
- **2017-09-15 — Hearing…**: Hearing of the Mumbai Bench of the…

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