# In the matter of Teamlease Digital Private Limited CP (IB) No.40-bb-2019

> NCLT judgment dated 2019-01-22. Citation: TCN-2019-NCLT-05197. M/s. Nicety Financial Consultancy Private Limited filed a Company Petition bearing Dairy No.…

- **Court:** NCLT
- **Order date:** 22 Jan 2019
- **Citation:** TCN-2019-NCLT-05197
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/teamlease-digital-private-limited-cp-ib-no40-bb-2019-73dc4dfc

## Summary

### Background

M/s. Nicety Financial Consultancy Private Limited filed a Company Petition bearing Dairy No. 6861/2018, followed by C.P (IB) No. 40/BB/19, under Section 9 of the Insolvency & Bankruptcy Code, 2016, read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, seeking to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s. Teamlease Digital Private Limited. The Registry identified defects in the petition and communicated them to the Counsel/PCS on 2018-12-27, granting seven days to comply. However, no steps were taken to rectify the objections.

## Facts

M/s. Nicety Financial Consultancy Private Limited (the Petitioner/Operational Creditor) filed C.P (IB) No. 40/BB/19 under Section 9 of the Insolvency & Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against M/s. Teamlease Digital Private Limited (the Corporate Debtor). The Registry identified defects in the petition and communicated them to the Petitioner's Counsel/PCS on 2018-12-27, granting seven days to comply. The Petitioner failed to rectify the objections. On 2019-01-18, no one appeared for the Petitioner when the case was posted for orders regarding non-compliance. The court inferred that the Petitioner was not interested in prosecuting the case. The relevance of these facts is that the failure to comply with the

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## Issues and analysis

### Issue 1: Whether the C.P (IB) No. 40/BB/2019 should be dismissed due to the Petitioner's failure to comply …

**Ratio:** A petition can be dismissed if the petitioner fails to comply with the procedural

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**Reasoning:** The court reasoned that the Petitioner was given an opportunity to rectify the defects

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**Interpretation:** This interprets the procedural rules and the court's inherent power to ensure

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

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## Parties

- **Judges:** Rajeswara Rao…; Ashok Kumar…
- **Appellants:** M/s. Nicety…
- **Respondents:** M/s. Teamlease…

## Timeline

- **2018-12-27 — Communication of Office…**: The Registry communicated the office…
- **2019-01-18 — Case Posted fo…**: The case was posted for orders regarding non-compliance of the office objections; none…

## 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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