# In the matter of Amiya Commerce & Construction Co. Pvt. Ltd. CP(IB)No. 1271-KB-2019

> NCLT judgment dated 2020-03-13. Citation: TCN-2020-NCLT-01560. The case involves RASPL Industries Pvt. Ltd. versus Amiya Commerce & Construction Co. Pvt. Ltd.…

- **Court:** NCLT
- **Order date:** 13 Mar 2020
- **Citation:** TCN-2020-NCLT-01560
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/amiya-commerce-construction-co-pvt-ltd-cpibno-1271-kb-2019-1493a58a

## Summary

### Background

The case involves RASPL Industries Pvt. Ltd. versus Amiya Commerce & Construction Co. Pvt. Ltd. The Corporate Debtor has already been declared ex parte.

## Facts

RASPL Industries Pvt. Ltd. filed a case against Amiya Commerce & Construction Co. Pvt. Ltd. The Corporate Debtor, Amiya Commerce & Construction Co. Pvt. Ltd., had already been declared ex parte. On March 13, 2020, when the case was scheduled for hearing, neither party appeared before the court. Specifically, no one appeared on behalf of the Operational Creditor, RASPL Industries Pvt. Ltd. Given the absence of any representation or prosecution of the case, the court was left with no alternative but to dismiss the application.

## Issues and analysis

### Issue 1: Whether the application should be dismissed due to the absence of both parties during the hearing, …

**Ratio:** When neither party appears for a hearing, and the Corporate Debtor has already been

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**Reasoning:** The court reasoned that since nobody appeared on either side, including the Operational

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**Interpretation:** This legal issue pertains to the procedural aspect of insolvency cases where

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**Application:** In this specific case, the absence of both parties, particularly the

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## Parties

- **Judges:** Jinan…
- **Appellants:** RASPL Industries…
- **Respondents:** Amiya Commerce &…

## Timeline

- **2020-03-13 — Hearing…**: Hearing held on March 13, 2020, at…

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