# In the matter of Neelkamal Realtors and Builders Private Limited TCP 119-I&BP-NCLT-MB-MAH-2017

> NCLT judgment dated 2017-08-18. Citation: TCN-2017-NCLT-00573. 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-00573
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/neelkamal-realtors-and-builders-private-limited-tcp-119-ibp-nclt-mb-mah-2017-0f626a6e

## Summary

### Background

The case pertains to a Company Petition before the National Company Law Tribunal (NCLT), Mumbai Bench, Mumbai. The matter involves the Insolvency & Bankruptcy Code 2016. The case was transferred from the Hon'ble High Court of Bombay and relates to provisions of the Companies Act, 1956. The matter was previously listed on 03.04.2017 and adjourned to 28.04.2017. The petitioner/creditor was absent.

## Facts

The Company Petition, TCP 119/I&BP/NCLT/MB/MAH/2017, was filed before the NCLT Mumbai. The case involves M/s. Lukman Ahmed Ali Hasan and M/s. Neelkamal Realtors & Builders Private Limited. The matter was transferred from the Bombay High Court pertaining to provisions under Sections 433(e), 433(f), 434(1)(a) and 434(1)(c) of the Companies Act, 1956. The petitioner/creditor was absent during the hearing. The case was previously listed on 03.04.2017 and adjourned to 28.04.2017. Despite multiple opportunities, the petitioner did not appear to pursue the petition. The court also mentions a notification dated 29.06.2017 allowing parties to file fresh applications under sections 7, 8, or 9 of the Insolvency and Bankruptcy Code. The relevance of the High Court transfer

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## 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 case diligently despite

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

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

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**Application:** In this case, the petitioner's absence and lack of action led the court to

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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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