# In the matter of Aggarwal Sanitations Vs. V3S Infratech Ltd. CA (AT) (Insolvency) No. 453-2019

> NCLAT judgment dated 2019-04-29. Citation: TCN-2019-NCLAT-00628. The case is an appeal under Company Appeal (AT) (Insolvency) No. 453 of 2019 before the…

- **Court:** NCLAT
- **Order date:** 29 Apr 2019
- **Citation:** TCN-2019-NCLAT-00628
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/aggarwal-sanitations-vs-v3s-infratech-ltd-ca-6c6699b7

## Summary

### Background

The case is an appeal under Company Appeal (AT) (Insolvency) No. 453 of 2019 before the National Company Law Appellate Tribunal (NCLAT), New Delhi. The appellant is Aggarwal Sanitations, and the respondent is V3S Infratech Ltd. The appeal was called repeatedly, but no one appeared on behalf of the appellant.

## Facts

Aggarwal Sanitations filed an appeal against V3S Infratech Ltd. The case was listed as Company Appeal (AT) (Insolvency) No. 453 of 2019 before the NCLAT, New Delhi. On April 29, 2019, despite repeated calls, no one appeared on behalf of the appellant, Aggarwal Sanitations. Consequently, the court dismissed the appeal for non-prosecution. The key fact is the appellant's absence, which led to the dismissal of their appeal.

## Issues and analysis

### Issue 1: Whether the appeal should be dismissed due to the non-appearance of the appellant's representative …

**Ratio:** The principle is that if a party fails to appear before the court, especially after

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**Reasoning:** The court reasoned that the appellant's absence indicated a lack of diligence in pursuing

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**Interpretation:** This interprets the procedural rules allowing dismissal for non-prosecution

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**Application:** Since Aggarwal Sanitations did not appear despite repeated calls, the court

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +2 more
- **Appellants:** Aggarwal Sanitatio…
- **Respondents:** V3S Infrate…

## Timeline

- **2019-04-29 — Appeal Dis…**: The appeal was dismissed for non-prosecution due to the non-appearance of the appellant's…

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