# In the matter of Safetec Hygiene  & Healthcare Pvt. Ltd. Company Petition No. TCP 693-I&BP-NCLT-MB-MAH-2017

> NCLT judgment dated 2017-08-18. Citation: TCN-2017-NCLT-00582. The case pertains to a company petition filed under the Insolvency & Bankruptcy Code 2016. It…

- **Court:** NCLT
- **Order date:** 18 Aug 2017
- **Citation:** TCN-2017-NCLT-00582
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/safetec-hygiene-healthcare-pvt-ltd-company-petition-no-tcp-693-ibp-nclt-mb-mah-2-8bf8a997

## Summary

### Background

The case pertains to a company petition filed under the Insolvency & Bankruptcy Code 2016. It is a transferred petition from the High Court. The Learned Representative stated that the requisite compliances as per Notification dated 29.06.2017 [F. No.1/5/2016-CL-V] GSR 732(E) could not be made.

## Facts

A company petition, TCP 693/I&BP/NCLT/MB/MAH/2017, was filed under the Insolvency & Bankruptcy Code 2016. The petition was originally filed in the High Court and subsequently transferred to the National Company Law Tribunal (NCLT), Mumbai Bench. The petitioner, Ami Hitesh Mehta, was unable to meet the requisite compliances as per Notification dated 29.06.2017 [F. No.1/5/2016-CL-V] GSR 732(E). The petitioner sought liberty to file a fresh application/petition. The court granted the petitioner's request and disposed of the petition as 'abated'.

## Issues and analysis

### Issue 1: Whether the petitioner should be granted liberty to file a fresh application/petition despite …

**Ratio:** The court has the discretion to allow a party to file a fresh application/petition,

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**Reasoning:** The Learned Representative stated that the requisite compliances as per Notification

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**Interpretation:** The Proviso to the Notification allows for seeking liberty to file a fresh

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**Application:** The court applied the principle of allowing a fresh application by granting the

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## Parties

- **Judges:** M.K. Sh…; Bhaskara Pantula…
- **Appellants:** Ami Hitesh…
- **Respondents:** M/s. Safetec…

## Timeline

- **2017-06-29 — Notificatio…**: Date of the Notification [F. No.1/5/2016-CL-V] GSR 732(E) for which the requisite…
- **2017-08-18 — Order Da…**: Date of the order where the petition was disposed of as 'abated' and liberty was granted…

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