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

> NCLT judgment dated 2022-09-29. Citation: TCN-2022-NCLT-00892. 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-00892
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/vhb-medi-sciences-ltd-cpib2687-mb-2019-5ff0c083

## 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/- as cost, as per the order dated 2022-06-28.

## Facts

The Operational Creditor, CCI Logistics Ltd, filed a Company Petition (CP (IB) No. 2687 of 2019) against VHB Medi Sciences Ltd. On 2022-06-28, the court allowed the Operational Creditor to submit an Additional Affidavit, contingent upon payment of Rs. 25,000/- as cost. However, the Operational Creditor failed to provide proof of payment and did not submit the Additional Affidavit with the necessary documents. During the hearing on 2022-09-29, the Operational Creditor was absent. The Corporate Debtor's counsel was present. The court noted the Operational Creditor's lack of interest in pursuing the claim and disposed of the petition for want of prosecution.

## Issues and analysis

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

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

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**Reasoning:** The court reasoned that the Operational Creditor's failure to provide proof of payment

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**Interpretation:** The interpretation is that when a party fails to comply with court orders and

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**Application:** In this case, the Operational Creditor's non-compliance with the order to pay

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## Parties

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

## Timeline

- **2022-06-28 — Order to file…**: Operational Creditor was allowed to place on record Additional Affidavit subject to the…
- **2022-09-29 — Hearing…**: Hearing was held, but the Operational Creditor was not present. The Company Petition was…

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