# In the matter of Neelkamal Realtors and Builders Private Limited TCP 112-I&BP-NCLT-MB-MAH-2017

> NCLT judgment dated 2017-08-18. Citation: TCN-2017-NCLT-00580. The case pertains to a Company Petition before the National Company Law Tribunal (NCLT), Mumbai…

- **Court:** NCLT
- **Order date:** 18 Aug 2017
- **Citation:** TCN-2017-NCLT-00580
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/neelkamal-realtors-and-builders-private-limited-tcp-112-ibp-nclt-mb-mah-2017-6e69f827

## Summary

### Background

The case pertains to a Company Petition before the National Company Law Tribunal (NCLT), Mumbai Bench, regarding a matter transferred from the High Court of Bombay. The matter involves the provisions of Section 433(e), 433(f), 434(1)(a), and 434(1)(c) of the Companies Act, 1956. The petitioner/creditor was absent, and despite multiple opportunities, the petitioner did not appear to pursue the petition seriously. The matter was previously listed on 03.04.2017 and adjourned to 28.04.2017.

## Facts

The case involves a company petition (TCP 112/I&BP/NCLT/MB/MAH/2017) before the NCLT Mumbai Bench. The petition was initially filed under the Companies Act, 1956, specifically concerning sections 433(e), 433(f), 434(1)(a), and 434(1)(c), and was transferred from the Bombay High Court. The petitioner/creditor, Sayed Mohd. Kasim Nawab Hussain, was not present during the hearing. The court observed that the cause list and related information were duly publicized. Despite multiple opportunities, the petitioner did not appear. A notification dated 29.06.2017 allowed parties to file fresh applications under Sections 7, 8, or 9 of the Insolvency and Bankruptcy Code (IBC) after July 15, 2017. The corporate debtor is Neelkamal Realtors & Builders Private Limited.

## Issues and analysis

### Issue 1: Whether the petition should be dismissed due to the absence of the petitioner and lack of …

**Ratio:** The principle that a case can be dismissed for want of prosecution when the petitioner

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**Reasoning:** The court reasoned that the petitioner's absence and failure to take necessary steps to

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**Interpretation:** The interpretation is that a petitioner has a responsibility to actively pursue

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**Application:** The petitioner, Sayed Mohd. Kasim Nawab Hussain, failed to appear despite

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## Parties

- **Judges:** M.K. Sh…; Bhaskara Pantula…
- **Appellants:** Sayed Mohd. Kasim…
- **Respondents:** NEELKAMAL…

## Timeline

- **1956-01-01 — Companies Ac…**: Reference to provisions of 433(e) 433(f), 434(1)(a) and 434(1)(c) of the Companies Act,…
- **2017-04-03 — Matter L…**: The matter was earlier…

## 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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