# In the matter of Suwarna Infracon Pvt. Ltd. T..C.P. No. 432-(MAH)-2017

> NCLT judgment dated 2017-12-01. Citation: TCN-2017-NCLT-00114. The case pertains to T.C.P. No. 452/(MAH)/2017 before the National Company Law Tribunal (NCLT),…

- **Court:** NCLT
- **Order date:** 1 Dec 2017
- **Citation:** TCN-2017-NCLT-00114
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/suwarna-infracon-pvt-ltd-tcp-no-432-mah-2017-0f5dbc6d

## Summary

### Background

The case pertains to T.C.P. No. 452/(MAH)/2017 before the National Company Law Tribunal (NCLT), Mumbai Bench. The petition was initially transferred from the High Court to the NCLT. The requisite form submitted on July 25, 2017, was found to be defective. The petition was abated due to a notification dated June 29, 2017.

## Facts

The case involves a petition (T.C.P. No. 452/(MAH)/2017) filed by Sudip Mallick, representing Acu. Kiren S. Mohite, against Suwarna Infracon Pvt. Ltd. The petition was initially transferred from the High Court to the Mumbai Bench of the National Company Law Tribunal (NCLT). A requisite form was submitted on July 25, 2017, but it was found to be defective. A notification dated June 29, 2017, [F. No. 1/5/2016-CL-V] (GSR 732(E)) provided that parties could file fresh applications under sections 7, 8, or 9 of the Insolvency and Bankruptcy Code (IBC) after July 15, 2017. Due to the defective form and the subsequent notification, the original petition was abated.

## Issues and analysis

### Issue 1: Whether the petition (T.C.P. No. 452/(MAH)/2017) should be abated due to non-compliance with the …

**Ratio:** A petition is liable to be abated if it does not comply with the requirements stipulated

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**Reasoning:** The court reasoned that the petition was defective and that the notification dated June

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**Interpretation:** The notification dated June 29, 2017, is interpreted as setting forth specific

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**Application:** The ratio and reasoning are applied to the specific facts of the case, where

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## Parties

- **Judges:** M.K. Sh…; Bhaskara Pantula…
- **Appellants:** Sudip Ma…
- **Respondents:** Suwarna Infracon…
- **Advocates:** Sudip Ma…

## Timeline

- **2017-06-29 — Notificatio…**: Notification [F. No. 1/5/2016-CL-V] (GSR 732(E)) issued, impacting the eligibility to…
- **2017-07-25 — Form Subm…**: Requisite form submitted,…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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