# In the matter of NCC Ltd. CP(IB) No. 582-9-HDB-2018

> NCLT judgment dated 2019-08-26. Citation: TCN-2019-NCLT-01792. The case pertains to a company petition/application filed under CP(IB) No.582/9/HDB/2018. The…

- **Court:** NCLT
- **Order date:** 26 Aug 2019
- **Citation:** TCN-2019-NCLT-01792
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ncc-ltd-cpib-no-582-9-hdb-2018-33e359ba

## Summary

### Background

The case pertains to a company petition/application filed under CP(IB) No.582/9/HDB/2018. The petitioner and operational creditor were not represented during the hearing, and the counsel for the respondent stated that the parties had settled the matter. However, they failed to file a joint memo stating the settlement, despite the Adjudicating Authority's direction.

## Facts

The company petition/application was filed under CP(IB) No.582/9/HDB/2018. The petitioner/operational creditor was absent during the hearing. The respondent's counsel stated that the parties had settled the matter and made an agreement. However, a joint memo stating the settlement was not filed, despite the Adjudicating Authority's direction to the petitioner to file such a memo with signatures from both sides. The Adjudicating Authority inferred that the petitioners were not interested in proceeding with the matter or filing the joint memo of settlement. This failure to comply with the direction led to the dismissal of the petition.

## Issues and analysis

### Issue 1: Whether the petition should be dismissed for default due to the petitioner's failure to file a …

**Ratio:** The Adjudicating Authority has the power to dismiss a petition for default if the

…

**Reasoning:** The petitioner's failure to file a joint memo of settlement, despite the Adjudicating

…

**Interpretation:** The interpretation is that the Adjudicating Authority expects parties to

…

**Application:** In this case, the petitioner's failure to file the joint memo and their absence

…

## Parties

- **Judges:** K. Anantha…; BINOD KUMAR…
- **Appellants:** Aadco Testing &…
- **Respondents:** NCC…

## Timeline

- **2019-08-26 — Hearing…**: Hearing held on 26.08.2019 at 10.30 AM. No representation on behalf of…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/ncc-ltd-cpib-no-582-9-hdb-2018-33e359ba