# In the matter of Agricare Foods Private Limited C.P(IB)-400(MB)-2018

> NCLT judgment dated 2021-07-15. Citation: TCN-2021-NCLT-01717. The case pertains to CP 400/2019 filed under Section 7 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 15 Jul 2021
- **Citation:** TCN-2021-NCLT-01717
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/agricare-foods-private-limited-cpib-400mb-2018-01a17399

## Summary

### Background

The case pertains to CP 400/2019 filed under Section 7 of the Insolvency and Bankruptcy Code, 2016. The petitioner, The Karad Janata Sahakari Bank Limited, initiated the insolvency proceedings against the corporate debtor, Agricare Foods Private Limited. However, the petitioner failed to appear on multiple occasions, including the hearing on 08.03.2021. The counsel appearing for the Corporate Debtor informed the Bench that an administrator had been appointed for the Petitioner Bank by the RBI, and a notice to the administrator was ordered by the Bench but was not complied with.

## Facts

The Karad Janata Sahakari Bank Limited filed CP 400/2019 against Agricare Foods Private Limited under Section 7 of the Insolvency and Bankruptcy Code, 2016. The Petitioner failed to appear in court on multiple occasions, including the hearing on 08.03.2021. The counsel for Agricare Foods Private Limited informed the court that the Reserve Bank of India (RBI) had appointed an administrator for The Karad Janata Sahakari Bank Limited. The court had ordered a notice to be served to the administrator, but this order was not complied with. Due to the petitioner's absence and apparent lack of interest in prosecuting the matter, the court dismissed the case for non-prosecution. The appointment of an administrator by the RBI suggests potential financial or regulatory issues

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## Issues and analysis

### Issue 1: Whether CP 400/2019 should be dismissed due to the petitioner's non-appearance and lack of …

**Ratio:** A case can be dismissed for non-prosecution if the petitioner fails to appear before the

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**Reasoning:** The court reasoned that the petitioner's repeated absence and failure to comply with

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**Interpretation:** The interpretation is that a petitioner must actively pursue their case and

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**Application:** In this case, the petitioner's absence and failure to comply with the court's

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## Parties

- **Judges:** H.V. Subb…; Chandra Bha…
- **Appellants:** The Karad Janata…
- **Respondents:** Agricare Foods…

## Timeline

- **2021-03-08 — Hearing…**: The petitioner was absent during the hearing. The counsel appearing for the Corporate…
- **2021-07-15 — Order Da…**: CP 400/2019 was dismissed for non-prosecution due to the petitioner's absence and…

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