# In the matter of Sahara Device Ltd. CP No. (IB) 201-ALD-2019

> NCLT judgment dated 2022-05-04. Citation: TCN-2022-NCLT-04848. The matter pertains to a company petition filed by an operational creditor against a corporate…

- **Court:** NCLT
- **Order date:** 4 May 2022
- **Citation:** TCN-2022-NCLT-04848
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-allahabad/sahara-device-ltd-cp-no-ib-201-ald-2019-75d5f163

## Summary

### Background

The matter pertains to a company petition filed by an operational creditor against a corporate debtor.

## Facts

The matter was called on 23.02.2022, 05.04.2022, and 04.05.2022.

The operational creditor did not appear for any of the hearings.

There was no representation on behalf of the corporate debtor.

The court dismissed the company petition for non-prosecution.

## Issues and analysis

### Issue 1: Whether the company petition should be dismissed for non-prosecution due to the absence of the …

**Ratio:** The court has the power to dismiss a petition for non-prosecution if the petitioner fails

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**Reasoning:** The operational creditor's repeated absence indicates a lack of interest in pursuing the

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**Interpretation:** The court interpreted the operational creditor's absence as a sign of

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**Application:** The principle of non-prosecution was applied to dismiss the petition due to the

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## Parties

- **Judges:** Rajasekha…; Virendra Kumar…
- **Appellants:** Praveen Kumar…
- **Respondents:** Sahara Serv…

## Timeline

- **2022-02-23 — Hearing…**: Matter was…
- **2022-04-05 — Hearing…**: Matter was…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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