Home Case Index All Cases Companies Law Companies Law + Tri Companies Law - 2019 (5) TMI Tri This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (5) TMI 604 - Tri - Companies LawWinding up of respondent-company M/s. Indiaontime Express P. Ltd. - appointment of official liquidator attached with the hon'ble High Court of Karnataka, etc. - HELD THAT:- Considering the submission made by the petitioner-counsel as also the fact as stated in the petition, it seems that the corporate debtor has not entered into any manpower supply contract with the operational creditor nor the corporate debtor has placed any purchase order/supply order as also the operational creditor is even unable to locate corporate debtor or its director, the case is not ripe to be taken up under sections 8 and 9 of the Insolvency and Bankruptcy Code, 2016. Moreover the petitioner has even failed to comply with the National Company Law Tribunal, Bangalore Bench order dated July 20, 2018 vide which the Tribunal allowed I. A. No. 187 of 2018 granting prayer for paper publication. The petitioner failed to substantiate the impugned amount with proper evidence. The efforts made by the petitioner to serve the notice failed, even though the Tribunal ordered to serve notice to the respondent. Moreover the claim itself is not proved and the prima facia barred by the law of limitation. This is not a fit case to be admitted and is liable to be rejected - petition dismissed.
|