# In the matter of Shrivarad Polyfab Vs. OLAM Agro Pvt. Ltd. CA (AT) No. 261-2017

> NCLAT judgment dated 2017-11-08. Citation: TCN-2017-NCLAT-00076. The case pertains to Company Appeal (AT) (Insolvency) No. 261 of 2017 before the National…

- **Court:** NCLAT
- **Order date:** 8 Nov 2017
- **Citation:** TCN-2017-NCLAT-00076
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/shrivarad-polyfab-vs-olam-agro-pvt-ltd-ca-9c820ddc

## Summary

### Background

The case pertains to Company Appeal (AT) (Insolvency) No. 261 of 2017 before the National Company Law Appellate Tribunal (NCLAT), New Delhi. The appellant is Shrivarad Polyfab, and the respondent is OLAM Agro Pvt. Ltd. The appeal was dismissed due to the appellant's non-appearance.

## Facts

The case involves an appeal filed by Shrivarad Polyfab against OLAM Agro Pvt. Ltd. before the NCLAT. On November 8, 2017, when the case was called, the appellant, Shrivarad Polyfab, was not present. Consequently, the court dismissed the appeal for non-prosecution. No costs were imposed. The key fact is the appellant's absence, which led to the dismissal of the appeal without any consideration of the case's merits.

## Issues and analysis

### Issue 1: Whether the appeal can be dismissed due to …

**Ratio:** An appeal can be dismissed for non-prosecution if the appellant fails to appear before

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

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**Interpretation:** The interpretation is that the appellant has a responsibility to be present

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**Application:** In this case, the appellant's absence led to the dismissal of the appeal. The

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +1 more
- **Appellants:** Shrivarad P…
- **Respondents:** OLAM Agro Pvt.…

## Timeline

- **2017-11-08 — Appeal Dis…**: The appeal was dismissed due to the non-appearance of the appellant, Shrivarad Polyfab.…

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