# In the matter of Dhara Cements (india) Pvt. Ltd. Vs Dineshbhai Khimjibhai Patel

> NCLAT judgment dated 2024-09-27. Citation: TCN-2024-NCLAT-00172. The case pertains to Company Appeal (AT) (Ins) No. 444 of 2024 along with I.A. No. 1520,…

- **Court:** NCLAT
- **Order date:** 27 Sept 2024
- **Citation:** TCN-2024-NCLAT-00172
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/dhara-cements-india-pvt-ltd-vs-dineshbhai-khimjibhai-patel-f962e68a

## Summary

### Background

The case pertains to Company Appeal (AT) (Ins) No. 444 of 2024 along with I.A. No. 1520, 1521, and 4288 of 2024 before the National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi. Dhara Cements (India) Pvt. Ltd. is the appellant, and Dineshbhai Khimjibhai Patel is the respondent. No one appeared on behalf of the appellant, and there was no request for adjournment.

## Facts

Dhara Cements (India) Pvt. Ltd. filed an appeal against Dineshbhai Khimjibhai Patel. On the date of the hearing, September 27, 2024, no one appeared on behalf of the appellant, Dhara Cements (India) Pvt. Ltd. Furthermore, there was no request for a pass over or an adjournment. Due to the absence of the appellant and the lack of any request for adjournment, the court dismissed the appeal for non-prosecution. This indicates that the appellant did not actively pursue the appeal, leading to its dismissal.

## Issues and analysis

### Issue 1: Whether the appeal should be dismissed due to the absence of the appellant and the lack of a …

**Ratio:** The legal principle applied is that if an appellant fails to appear before the court and

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**Reasoning:** The court reasoned that since no one appeared on behalf of the appellant, Dhara Cements

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**Interpretation:** This interpretation suggests that active participation and diligence are

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**Application:** In this specific case, the ratio and reasoning were applied to the fact that

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## Parties

- **Judges:** Rakesh Kuma…; Naresh Sa…; +1 more
- **Appellants:** Dhara Cements…
- **Respondents:** DINESHBHAI…

## Timeline

- **2024-09-27 — Appeal Dis…**: The appeal was dismissed for non-prosecution due to the absence of the appellant and the…

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