# In the matter of VHB Medi Sciences Ltd. C.P.(IB)2687-MB-2019

> NCLT judgment dated 2022-09-29. Citation: TCN-2022-NCLT-00902. The case involves a Company Petition bearing CP (IB) No. 2687 of 2019. The Operational Creditor…

- **Court:** NCLT
- **Order date:** 29 Sept 2022
- **Citation:** TCN-2022-NCLT-00902
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/vhb-medi-sciences-ltd-cpib2687-mb-2019-47f7edb1

## Summary

### Background

The case involves a Company Petition bearing CP (IB) No. 2687 of 2019. The Operational Creditor was allowed to place on record an Additional Affidavit subject to the payment of Rs. 25,000/- by order dated 2022-06-28. However, the applicant neither placed proof of payment nor the additional affidavit with documents on record.

## Facts

The Operational Creditor, CCI Logistics Ltd, filed a Company Petition (CP (IB) No. 2687 of 2019) against VHB Medi Sciences Ltd. By order dated 2022-06-28, the Operational Creditor was granted permission to submit an additional affidavit, contingent upon payment of Rs. 25,000/-. However, the Operational Creditor failed to provide proof of payment or submit the additional affidavit with supporting documents. During the hearing on 2022-09-29, no one was present on behalf of the Operational Creditor. The Corporate Debtor's counsel was present. The court concluded that the Operational Creditor was no longer interested in pursuing the claim.

## Issues and analysis

### Issue 1: Whether the Company Petition should be disposed of due to the Operational Creditor's failure to …

**Ratio:** A case can be dismissed for want of prosecution if the petitioner fails to take necessary

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**Reasoning:** The Operational Creditor failed to comply with the court's order to submit an additional

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**Interpretation:** The court interpreted the Operational Creditor's inaction as a lack of interest

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**Application:** Given the Operational Creditor's failure to comply with the court's order and

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## Parties

- **Judges:** SH. SHYAM BABU…; P.N. Des…
- **Appellants:** CCI Logisti…
- **Respondents:** VHB Medi Sciences…
- **Advocates:** Viraj P…

## Timeline

- **2022-06-28 — Order for Additional…**: Operational Creditor allowed to place on record Additional Affidavit subject to payment…
- **2022-09-29 — Hearing…**: Hearing held; no one present for the Operational Creditor. Company Petition disposed of…

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