It is pertinent to mention that on 15.05.2017 one last opportunity was granted to the counsel for the petitioner to file compliance affidavit in accordance with the Rules known as Companies (Transfer of Pending Proceedings) Rules, 2016 and the provisions of Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. However, no step has been taken and even the counsel for the petitioner is not present. In any case by virtue of notification dated 29.06.2017 such like petition would have survived upto 15.07.2017. If compliance affidavit is not filed by the aforesaid date then such like petition was to abate. However, as per notification liberty has been given to the petitioner to file fresh petition on the same cause of action.
In view of the above, this petition abates and liberty in terms of the notification dated 29.06.2017 is granted to file fresh petition.
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Green Power Engineers (p.) Ltd. ? -and Green Power Engineers (p.) Ltd. ? v. Faith Mercantile Pvt. Ltd. ?
Green Power Engineers (p.) Ltd. ? -and Green Power Engineers (p.) Ltd. ? v. Faith Mercantile Pvt. Ltd. ?
(National Company Law Tribunal)
C.P. No. 577/2015? | 20-07-2017
Advocate List
Bench
- M.M. Kumar, C.J. President
- Deepa Krishan, Member (Technical))
Eq Citations
- LQ/NCLT/2017/4107
Head Note
Civil Procedure Code, 1908 — Or. 41 R. 30 and S. 144 — Transfer of pending proceedings — Petition for transfer of proceedings to NCLT — Petition abates and liberty granted to file fresh petition
