# In the matter of Shivtarana Trading Company Private Limited C.P (IB)-1893(MB)-2019

> NCLT judgment dated 2021-03-24. Citation: TCN-2021-NCLT-02576. The case pertains to a petition filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 24 Mar 2021
- **Citation:** TCN-2021-NCLT-02576
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/shivtarana-trading-company-private-limited-cp-ib-1893mb-2019-1b34abca

## Summary

### Background

The case pertains to a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The petitioner's counsel, Mr. Ahmed Chunawala, appeared through virtual hearing. The service affidavit was not filed by the petitioner despite the Tribunal's direction in its order dated 12.02.2021.

## Facts

Indian Infrastructure Corporation Limited filed a petition against Shivtarana Trading Company Private Limited under Section 9 of the Insolvency and Bankruptcy Code, 2016. The petitioner's counsel, Mr. Ahmed Chunawala, appeared for a virtual hearing. The key fact is that the petitioner failed to file the service affidavit, despite the Tribunal's order dated 12.02.2021, directing them to do so. This failure resulted in non-service of notice to the respondent, Shivtarana Trading Company Private Limited.

## Issues and analysis

### Issue 1: Whether the Company Petition can be maintained when the petitioner fails to file the service …

**Ratio:** The ratio is that compliance with procedural requirements, including the filing of

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**Reasoning:** The Tribunal reasoned that the failure to file the service affidavit, despite a specific

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**Interpretation:** The interpretation is that the Tribunal places significant emphasis on

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**Application:** In this specific case, the petitioner's failure to file the service affidavit,

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## Parties

- **Judges:** H.V. Subb…; Shyam Babu…
- **Appellants:** Indian Infrastruct…
- **Respondents:** Shivtarana…

## Timeline

- **2021-02-12 — Tribunal…**: The Tribunal directed the…
- **2021-03-24 — Order Da…**: The Tribunal dismissed the Company Petition due to non-service of notice on the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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