# In the matter of OM Pizzas and Eats India Pvt. Ltd.

> NCLT judgment dated 2023-03-02. Citation: TCN-2023-NCLT-04368. The case involves M/s. Gozoop Online Pvt. Ltd. as the applicant/petitioner and Om Pizzas and…

- **Court:** NCLT
- **Order date:** 2 Mar 2023
- **Citation:** TCN-2023-NCLT-04368
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/om-pizzas-and-eats-india-pvt-ltd-178aa5ed

## Summary

### Background

The case involves M/s. Gozoop Online Pvt. Ltd. as the applicant/petitioner and Om Pizzas and Eats India Pvt. Ltd. as the respondent. It concerns an application under Section 9 of the IBC, 2016. The affidavit stated to have been filed in terms of the order dated 13.02.2023 is not on record.

## Facts

M/s. Gozoop Online Pvt. Ltd. filed an application (IA-973/2023) against Om Pizzas and Eats India Pvt. Ltd. under Section 9 of the IBC, 2016. An affidavit was supposed to be filed in terms of an order dated 13.02.2023, but it was not found on record. The court directed the applicant's counsel to upload the affidavit within 3 days, warning that failure to do so would result in the dismissal of IA-5761/2022.

## Issues and analysis

### Issue 1: Whether the Ld. Counsel for the Applicant should be directed to upload the affidavit within a …

**Ratio:** The court has the power to direct parties to submit necessary documents and comply with

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**Reasoning:** The affidavit, which was supposed to be filed in terms of the order dated 13.02.2023, was

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**Interpretation:** This demonstrates the court's authority to manage proceedings and ensure

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**Application:** The court applied this principle by ordering the applicant's counsel to upload

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## Parties

- **Judges:** SHRI. ASHOK KUMAR…; SHRI. L. N.…
- **Appellants:** M/s. Gozoop…
- **Respondents:** OM Pizzas and…

## Timeline

- **2023-02-13 — Order Da…**: An order was issued, requiring…
- **2023-03-02 — Order Del…**: The order was delivered, noting the…

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