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

> NCLT judgment dated 2021-07-15. Citation: TCN-2021-NCLT-01720. 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-01720
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/agricare-foods-private-limited-cpib-400mb-2018-48c38656

## 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 in court on multiple occasions, including the present hearing and a previous hearing on 2021-03-08. The counsel 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, The Karad Janata Sahakari Bank Limited, was absent from the hearing and had also been absent on a previous occasion on 2021-03-08. The counsel for the corporate debtor, Agricare Foods Private Limited, informed the court that an administrator had been appointed for the petitioner bank by the RBI. The court had ordered a notice to be sent to the administrator, but this order was not complied with. The court inferred that the petitioner was not interested in prosecuting the matter.

## Issues and analysis

### Issue 1: Whether CP 400/2019 should be dismissed for non-prosecution due to the petitioner's absence and …

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

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

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**Interpretation:** The interpretation is that a petitioner has a responsibility to actively pursue

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**Application:** In this case, the petitioner's absence and non-compliance led the court to

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## Parties

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

## Timeline

- **2021-03-08 — Previous H…**: The petitioner was absent…
- **2021-07-15 — Order Da…**: The court dismissed CP…

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