# 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-01544. The case pertains to CP(IB)No.1271/KB/2019 before the National Company Law Tribunal, Kolkata…

- **Court:** NCLT
- **Order date:** 13 Mar 2020
- **Citation:** TCN-2020-NCLT-01544
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/amiya-commerce-construction-co-pvt-ltd-cpibno-1271-kb-2019-d6e3ff72

## Summary

### Background

The case pertains to CP(IB)No.1271/KB/2019 before the National Company Law Tribunal, Kolkata Bench. The matter was listed for hearing on March 13, 2020. The Corporate Debtor had already been declared ex parte.

## Facts

The case CP(IB)No.1271/KB/2019 was heard on March 13, 2020. The Corporate Debtor, Amiya Commerce & Construction Co. Pvt. Ltd., had already been declared ex parte. On the hearing date, neither the Operational Creditor, RASPL Industries Pvt. Ltd., nor anyone on their behalf, appeared. Consequently, the court dismissed the application for want of prosecution. The fact that the Corporate Debtor was declared ex parte indicates they did not participate in the proceedings earlier either.

## Issues and analysis

### Issue 1: Whether the application should be dismissed due to the absence of both the Operational Creditor and …

**Ratio:** When neither party appears for a hearing, and the applicant fails to prosecute the case,

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**Reasoning:** The court reasoned that since neither party was present and the Operational Creditor did

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**Interpretation:** This legal principle allows the court to dismiss cases where the applicant does

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**Application:** In this case, the Operational Creditor's absence and failure to prosecute,

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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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