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

> NCLT judgment dated 2022-05-04. Citation: TCN-2022-NCLT-04851. 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-04851
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-allahabad/sahara-device-ltd-cp-no-ib-201-ald-2019-ea42bf7c

## Summary

### Background

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

## Facts

The matter was listed for hearing 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 petition was dismissed for non-prosecution.

## Issues and analysis

### Issue 1: Whether the company petition should be dismissed due to the operational creditor's absence and lack …

**Ratio:** The absence of the operational creditor and lack of representation from both parties

…

**Reasoning:** The operational creditor's failure to appear on multiple hearing dates suggests a lack of

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**Interpretation:** The court interprets the operational creditor's absence as a lack of interest

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**Application:** The principle of non-prosecution is applied, leading to the dismissal of the

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## Parties

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

## Timeline

- **2022-02-23 — Hearing…**: Matter called but no…
- **2022-05-04 — Hearing…**: Matter called but no…

## 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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