# In the matter of Vantage Machine Tools Private
Limited IA(IB)-62-2022 in CP(IB)No.30-9-AMR-2020

> NCLT judgment dated 2022-06-21. Citation: TCN-2022-NCLT-02100. The case involves an application (I.A) where no counter was filed. The ground for the…

- **Court:** NCLT
- **Order date:** 21 Jun 2022
- **Citation:** TCN-2022-NCLT-02100
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/vantage-machine-tools-private-limited-iaib-62-2022-in-cpibno30-9-amr-2020-0b1c2982

## Summary

### Background

The case involves an application (I.A) where no counter was filed. The ground for the application is a lack of communication between the advocate appearing for the Operational Creditor and the party.

## Facts

The application IA(IB)/62/2022 was filed in CP(IB)No.30/9/AMR/2020. No counter was filed against the application. The basis for the application was the absence of communication between the advocate representing the Operational Creditor and the party involved. The court found this sufficient to allow the application, aiming to resolve the matter on its merits. A cost of Rs.5,000/- was imposed, payable to the Ministry of Corporate Affairs, Government of India, with a deadline tied to the next hearing date. Failure to pay would result in the dismissal of the Company Petition. The next hearing was scheduled for 11.07.2022.

## Issues and analysis

### Issue 1: Whether the application IA(IB)/62/2022 should be allowed given the lack of communication between …

**Ratio:** The court has the discretion to allow applications to ensure matters are decided on their

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**Reasoning:** The court reasoned that the lack of communication between the advocate and the party was

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**Interpretation:** This interpretation suggests that the court prioritizes substantive justice

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**Application:** In this specific case, the lack of communication was deemed significant enough

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## Parties

- **Judges:** TELAPROLU…
- **Appellants:** Vertex Cranes &…
- **Respondents:** Vantage Machine…

## Timeline

- **2022-06-21 — Hearing…**: Hearing held on…
- **2022-07-11 — Next Hearin…**: Matter listed for…

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