# In the matter of Beardsell Ltd. IBA-108-2020

> NCLT judgment dated 2021-07-01. Citation: TCN-2021-NCLT-01872. The case pertains to an application under the Insolvency and Bankruptcy Code (IBC). The hearing…

- **Court:** NCLT
- **Order date:** 1 Jul 2021
- **Citation:** TCN-2021-NCLT-01872
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/beardsell-ltd-iba-108-2020-3b5c98bf

## Summary

### Background

The case pertains to an application under the Insolvency and Bankruptcy Code (IBC). The hearing was held on July 1, 2021, via video conferencing. The applicant was DI-Mentions Studio LLP, and the respondent was Beardshell Ltd. The application was filed under Section 9 Rule 6 of the IBC, 2016.

## Facts

DI-Mentions Studio LLP filed an application (IBA/108/2020) against Beardshell Ltd under Section 9 Rule 6 of the IBC, 2016. The hearing was conducted on July 1, 2021. The applicant, DI-Mentions Studio LLP, was not represented by counsel during the hearing. Ld. Counsel Mr. P. Vasudevan appeared for the Corporate Debtor. The matter was previously called on April 5, 2021, and the applicant was not represented then either. Due to the continued absence of representation from the applicant, the court dismissed the application.

## Issues and analysis

### Issue 1: Whether the application IBA/108/2020 should be dismissed due to the absence of representation from …

**Ratio:** The principle is that a case can be dismissed if the applicant fails to appear or be

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**Reasoning:** The court reasoned that the applicant's repeated absence, even after being called on a

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**Interpretation:** The interpretation is that the court has the discretion to dismiss an

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**Application:** In this specific case, the applicant, DI-Mentions Studio LLP, failed to appear

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## Parties

- **Judges:** R. Sucha…; B. Anil…
- **Appellants:** DI-Mentions…
- **Respondents:** Beardshel…

## Timeline

- **2021-04-05 — Hearing…**: The matter was called, but there was no…
- **2021-07-01 — Final He…**: The final hearing was held via video conferencing. The applicant was still not…

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This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/beardsell-ltd-iba-108-2020-3b5c98bf