# In the matter of Renaissance Urban Pvt.  Ltd. T.C.P. No. 699-(MAH)-2017

> NCLT judgment dated 2017-08-18. Citation: TCN-2017-NCLT-00574. The case pertains to T.C.P No.699/(MAH)/2017 before the National Company Law Tribunal, Mumbai…

- **Court:** NCLT
- **Order date:** 18 Aug 2017
- **Citation:** TCN-2017-NCLT-00574
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/renaissance-urban-pvt-ltd-tcp-no-699-mah-2017-062fac3e

## Summary

### Background

The case pertains to T.C.P No.699/(MAH)/2017 before the National Company Law Tribunal, Mumbai Bench. The hearing took place on August 18, 2017. The parties involved are Milind M Gujrathi as the applicant and Renaissance Urban Pvt. Ltd. as the respondent. The case is related to the I & BP Code 2016.

## Facts

Milind M Gujrathi filed a petition against Renaissance Urban Pvt. Ltd. before the National Company Law Tribunal (NCLT), Mumbai Bench. The case was heard on August 18, 2017. The NCLT observed that the requisite Form 5 under the Insolvency and Bankruptcy Code (IB Code) had not been filed. As a result, and under the Notification GSR 732(E) dated June 29, 2017, the petition was abated. The petitioner was granted the liberty to file a fresh petition in compliance with the relevant notification. The failure to file Form 5 is a critical procedural defect that led to the abatement of the petition.

## Issues and analysis

### Issue 1: Whether the petition can be maintained without the …

**Ratio:** Compliance with procedural requirements, such as filing Form 5 under the IB Code, is

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**Reasoning:** The court observed that Form 5, a necessary document under the IB Code, was not filed.

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**Interpretation:** The interpretation of the IB Code emphasizes the importance of adhering to the

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**Application:** In this case, the absence of Form 5 directly led to the abatement of the

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## Parties

- **Judges:** B.S.V. Prakash…; V. Nallasen…
- **Appellants:** Milind M Gu…
- **Respondents:** Renaissance Urban…

## Timeline

- **2017-06-29 — Notification G…**: Notification GSR 732(E) was issued, which is…
- **2017-08-18 — Hearing…**: Hearing of the case…

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