# In the matter of Tricom Fruit Products Ltd. T.C.P. No. 286-(MAH)-2017

> NCLT judgment dated 2017-09-11. Citation: TCN-2017-NCLT-00437. The case involves a petition before the National Company Law Tribunal (NCLT), Mumbai Bench. The…

- **Court:** NCLT
- **Order date:** 11 Sept 2017
- **Citation:** TCN-2017-NCLT-00437
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/tricom-fruit-products-ltd-tcp-no-286-mah-2017-ab6b0160

## Summary

### Background

The case involves a petition before the National Company Law Tribunal (NCLT), Mumbai Bench. The petition was initially filed, but requisite compliance was not made as per Notification No. GSR 732(E) dated 2017-06-30. The matter was transferred from the Hon'ble High Court of Bombay pertaining to the provisions of Section 433(e) of the Companies Act, 1956.

## Facts

Progressive Nirman Pvt. Ltd. filed a petition against Tricom Fruit Products Ltd. before the NCLT Mumbai Bench. The Learned Representative from the side of the Petitioner/Creditor is present. The matter was transferred from the Hon'ble High Court of Bombay pertaining to the provisions of Section 433(e) of the Companies Act, 1956. The Learned Counsel stated that the requisite compliance had not been made as per the Notification No. GSR 732(E) dated 2017-06-30. Consequently, the petition stood abated. However, the Petitioner was granted liberty to file a fresh petition, if deemed fit, as per Law. The order references eligibility for filing fresh applications under sections 7, 8, or 9 of the Code after July 15, 2017.

## Issues and analysis

### Issue 1: Whether the petition should be disposed of as abated due to non-compliance with the notification …

**Ratio:** A petition can be disposed of as abated if the requisite compliance with applicable

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**Reasoning:** The Learned Counsel stated that the requisite compliance had not been made as per the

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**Interpretation:** The interpretation is that compliance with notifications is a mandatory

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**Application:** Since Progressive Nirman Pvt. Ltd. did not comply with Notification No. GSR

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## Parties

- **Judges:** M.K. Sh…; Bhaskara Pantula…
- **Appellants:** Progressive…
- **Respondents:** Tricom Fruit…

## Timeline

- **2017-06-30 — Notificatio…**: Notification No. GSR…
- **2017-07-15 — Eligibilit…**: Parties eligible to file fresh applications under sections 7, 8, or 9 of the Code after…

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