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2020 (10) TMI 692 - Tri - Companies LawWinding up of Company - failure to make payment of outstanding dues due to financial difficulty - section 433 (e) & (f) R/w 434 & 439(1) (b) of the Companies Act, 1956 -HELD THAT:- The main Company Petition was filed before the Hon'ble High Court of Karnataka, as early as 18.12.2015, wherein it was not properly prosecuted resulting into the dismissal of the Company Petition, even for non-compliance of office objections. The Petitioner also could not serve notice of the Petition on the Respondent till date, even after transferring the matter to Tribunal, the Petitioner has not taken any steps to comply with the rule 5(1) of the TPP rules, 2016 till date. The last date for complying with the promise of the court was 15.07.2017. Admittedly the Petitioner has not taken any steps to comply extend provisions of the CPP rules till date. Therefore the Petitioner is liable to dismiss for non-compliance of extend rules after transfer from the Hon'ble High Court of Karnataka. The case was transferred to this Tribunal by Hon'ble High Court of Karnataka vide proceedings dated 18.11.2019. Accordingly, the case was scrutinized by the Registry of this Tribunal and found that only one set of paper was available, and thus another set was s required to be filed on the record, and the Petitioner has to compliance provisions as contemplated in the case. However the Petitioner failed to comply and was not present when the case was listed for admission on 27.12.2019. However, the Petitioner has not taken any steps to comply office objections raised by the Registry and also not served the copy of the Petition on other side. The Petitioner failed to submit the required information as required under Section 9 of the Code till date. Therefore, the instant Company Petition abates and thus it is liable to be rejected, by reserving liberty to the Petition to file appropriate Application/Petition in accordance with the provisions of the IBC 2016, and rules made there under. Petition is disposed of as abated by reserving liberty to the Petitioner to file appropriate Application/Petition in accordance with the extant provisions of the IBC 2016, and rules made there under.
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