# In the matter of Phadnis Infrastructure Ltd. T.C.P. No. 161-(MAH)-2017

> NCLT judgment dated 2017-09-27. Citation: TCN-2017-NCLT-00352. The case pertains to a Transfer Petition originating from the Hon'ble High Court. The requisite…

- **Court:** NCLT
- **Order date:** 27 Sept 2017
- **Citation:** TCN-2017-NCLT-00352
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/phadnis-infrastructure-ltd-tcp-no-161-mah-2017-5ea595be

## Summary

### Background

The case pertains to a Transfer Petition originating from the Hon'ble High Court. The requisite form under Notification No. GSR-732(E) dated 30th June 2017 of the Code was not submitted before 15.07.2017.

## Facts

The case involves a Transfer Petition from the Hon'ble High Court. The crucial fact is that the requisite form under Notification No. GSR-732(E), dated 30th June 2017, was not submitted before 15th July 2017. This non-compliance with the submission deadline led to the petition being declared abated. The notification's purpose is to ensure timely compliance with procedural requirements, and the failure to adhere to it resulted in the dismissal of the petition. The Tribunal allowed the petitioner to file a fresh petition if they deem it fit under the code.

## Issues and analysis

### Issue 1: Whether the Transfer Petition should be abated due to the non-submission of the requisite form …

**Ratio:** The legal principle applied is that failure to comply with procedural requirements, such

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**Reasoning:** The court reasoned that since the requisite form under Notification No. GSR-732(E) dated

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**Interpretation:** The interpretation is that strict adherence to procedural rules and deadlines

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**Application:** In this specific case, the ratio and reasoning are applied to the fact that the

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## Parties

- **Judges:** M.K. Sh…; Bhaskara Pantula…
- **Appellants:** Arvind M.…
- **Respondents:** Phadnis Infrastruc…

## Timeline

- **2017-06-30 — Notificatio…**: Notification No.…
- **2017-07-15 — Submission D…**: Deadline for submitting the requisite…

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