# In the matter of Star Minerals Pvt. Ltd.

> NCLT judgment dated 2024-11-14. Citation: TCN-2024-NCLT-00235. The case involves IA-2385/2024 in IB-607(ND)/2018 before the National Company Law Tribunal, New…

- **Court:** NCLT
- **Order date:** 14 Nov 2024
- **Citation:** TCN-2024-NCLT-00235
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/star-minerals-pvt-ltd-997069ff

## Summary

### Background

The case involves IA-2385/2024 in IB-607(ND)/2018 before the National Company Law Tribunal, New Delhi Court III. The applicant, M/s. Platina Bulkers Pvt. Ltd., has served the respondent, M/s. Star Mineral Resources Pvt. Ltd., as per the order dated 10.07.2024. Despite service of notice, no one appeared on behalf of the respondents, and no response has been filed.

## Facts

M/s. Platina Bulkers Pvt. Ltd. (the applicant) initiated a case against M/s. Star Mineral Resources Pvt. Ltd. (the respondent) under Section 9 of the IBC, 2016. The applicant served the respondent with notice as per the court's order dated 10.07.2024. The service was completed by 'dasti' and proof and affidavit of service were filed. Despite the service of notice, the respondent neither appeared before the court nor filed any response. The court, in the interest of justice, granted one week's further time to the respondent to file their response. The Court Officer was directed to serve a copy of the order to the Chairman of IBBI and the Branch Manager of ICICI Bank via email for necessary compliance. The matter is listed for further hearing on 20.12.2024.

## Issues and analysis

### Issue 1: Whether the respondent should be granted further time to file a response despite not appearing or …

**Ratio:** In the interest of justice, courts may grant additional time to parties to ensure a fair

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**Reasoning:** The court acknowledges the respondent's failure to appear or respond despite being served

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**Interpretation:** This reflects the court's discretion to balance procedural compliance with the

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**Application:** The court applied this principle by granting M/s. Star Mineral Resources Pvt.

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## Parties

- **Judges:** BACHU VENKAT…; ATUL CHAT…
- **Appellants:** M/s. Platina…
- **Respondents:** M/s. Star Mineral…

## Timeline

- **2024-07-10 — Previous Ord…**: An order was issued on this date, in compliance with which the applicant served the…
- **2024-11-14 — Order Del…**: The order was delivered on this date, granting the respondent one week further time to…

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