# In the matter of Beigh Construction Company Pvt. Ltd.

> NCLT judgment dated 2024-02-06. Citation: TCN-2024-NCLT-02747. The case involves a petition filed by IL & FS Financial Services Limited against Beigh…

- **Court:** NCLT
- **Order date:** 6 Feb 2024
- **Citation:** TCN-2024-NCLT-02747
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/beigh-construction-company-pvt-ltd-99980832

## Summary

### Background

The case involves a petition filed by IL & FS Financial Services Limited against Beigh Construction Company Pvt Ltd under Section 7 of the IBC 2016. The petitioner's counsel stated that proceedings are pending before the NCLAT, but no order from the NCLAT has been placed before the Bench to indicate that the proceedings before the Bench should be adjourned.

## Facts

IL & FS Financial Services Limited filed a petition against Beigh Construction Company Pvt Ltd under Section 7 of the IBC 2016. The petitioner's counsel informed the court that proceedings related to the matter are pending before the NCLAT. However, the petitioner failed to present any order from the NCLAT that would necessitate the adjournment of the proceedings before the current bench. The case originated in 2021, and the petitioner requested additional time to clarify certain issues. The court interpreted this request, along with the absence of an NCLAT order, as a lack of interest from the petitioner in actively pursuing the case.

## Issues and analysis

### Issue 1: Whether the present petition should be dismissed due to the petitioner's apparent lack of interest …

**Ratio:** A court may dismiss a petition if the petitioner demonstrates a lack of interest in

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**Reasoning:** The court reasoned that the petitioner's request for more time to clarify the issue,

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**Interpretation:** The court interpreted the petitioner's actions as a sign of disinterest, which

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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:** Sh. Harnam Singh…; SH. L. N.…
- **Appellants:** IL & FS Financial…
- **Respondents:** Beigh Construction…

## Timeline

- **2024-02-05 — Filing of Bri…**: Learned counsel for the Petitioner filed…
- **2024-02-06 — Order Del…**: The court dismissed the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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