# In the matter of Radha Madhav Corporation Limited T.C.P. No. 682-I&BCP-NCLT-MB-MAH-2017

> NCLT judgment dated 2017-08-21. Citation: TCN-2017-NCLT-00562. The matter pertains to a petition transferred from the Hon'ble High Court of Bombay under…

- **Court:** NCLT
- **Order date:** 21 Aug 2017
- **Citation:** TCN-2017-NCLT-00562
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/radha-madhav-corporation-limited-tcp-no-682-ibcp-nclt-mb-mah-2017-93f11872

## Summary

### Background

The matter pertains to a petition transferred from the Hon'ble High Court of Bombay under Sections 433(e), 434, and 439 of the Companies Act, 1956. The petition was listed, but the petitioner did not appear. There was no evidence that the petition and notice of demand were served on the respondent.

## Facts

The case was transferred from the Bombay High Court to the NCLT under Sections 433(e), 434, and 439 of the Companies Act, 1956. The petitioner, Lippi Systems Private Limited, did not appear on the listed date, August 14, 2017. There was no evidence of service of the petition and notice of demand on the respondent, Radha Madhav Corporation Limited. The court noted that the petitioner had been given multiple opportunities to appear. A notification dated June 29, 2017, allows parties to file fresh applications under sections 7, 8, or 9 of the IBC after July 15, 2017. The relevance of the notification is that it provides an alternative avenue for the petitioner to pursue their claim under the IBC despite the dismissal of the current petition.

## Issues and analysis

### Issue 1: Whether the petition should be dismissed due to the petitioner's failure to appear and pursue the …

**Ratio:** A case can be dismissed for want of prosecution if the petitioner fails to appear despite

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**Reasoning:** The court reasoned that the petitioner had been given multiple opportunities to appear

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**Interpretation:** This interprets the principle that a party must actively pursue their case and

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**Application:** The petitioner's failure to appear despite multiple opportunities led to the

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## Parties

- **Judges:** M.K. Sh…; Bhaskara Pantula…
- **Appellants:** Lippi Systems…
- **Respondents:** Radha Madhav…

## Timeline

- **2017-08-14 — Hearing…**: The matter was heard on…
- **2017-08-21 — Order Pron…**: The order was…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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