# In the matter of Neelkamal Realtors and Builders Private Limited TCP 106-I&BP-NCLT-MB-MAH-2017

> NCLT judgment dated 2017-08-18. Citation: TCN-2017-NCLT-00565. The case pertains to a company petition filed under TCP 106/I&BP/NCLT/MB/MAH/2017 before the…

- **Court:** NCLT
- **Order date:** 18 Aug 2017
- **Citation:** TCN-2017-NCLT-00565
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/neelkamal-realtors-and-builders-private-limited-tcp-106-ibp-nclt-mb-mah-2017-676b264b

## Summary

### Background

The case pertains to a company petition filed under TCP 106/I&BP/NCLT/MB/MAH/2017 before the National Company Law Tribunal, Mumbai Bench. The matter was transferred from the Hon'ble High Court of Bombay and relates to provisions of 433(e), 433(f), 434(1)(a), and 434(1)(c) of the Companies Act, 1956. The case was previously listed on 03.04.2017 and adjourned to 28.04.2017.

## Facts

The case involves a company petition (TCP 106/I&BP/NCLT/MB/MAH/2017) before the NCLT Mumbai. The matter was transferred from the Bombay High Court and concerns provisions of the Companies Act, 1956. The petitioner/creditor was absent during the hearing. The court observed that the petitioner was given several opportunities to appear but did not actively pursue the petition. A notification dated 29.06.2017 allows parties to file fresh applications under sections 7, 8, or 9 of the IBC after July 15, 2017. The matter was previously listed on 03.04.2017 and adjourned to 28.04.2017. The procedure of intimation involves uploading the cause list on the NCLT site, displaying hearing directions on the official site, and indicating the next hearing date on the official site.

## Issues and analysis

### Issue 1: Whether the petition should be abated due to …

**Ratio:** A petition can be abated if the petitioner fails to prosecute the matter diligently,

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**Reasoning:** The court observed that the petitioner was given multiple opportunities to appear and

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**Interpretation:** The principle of abatement for want of prosecution ensures that cases are

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**Application:** In this case, the petitioner's absence and lack of active pursuit of the

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## Parties

- **Judges:** M.K. Sh…; Bhaskara Pantula…
- **Respondents:** NEELKAMAL…

## Timeline

- **2017-04-03 — Previous L…**: The matter was earlier…
- **2017-04-28 — Adjournm…**: The matter was…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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