# In the matter of Beekay IT Netsec Solutions Pvt. Ltd. CP (IB) No. 687-9-NCLT-AHM-2019

> NCLT judgment dated 2020-07-29. Citation: TCN-2020-NCLT-00940. The case pertains to CP (IB) No.687/9/NCLT/AHM/2019 before the Ahmedabad Bench of the National…

- **Court:** NCLT
- **Order date:** 29 Jul 2020
- **Citation:** TCN-2020-NCLT-00940
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/beekay-it-netsec-solutions-pvt-ltd-cp-ib-no-687-9-nclt-ahm-2019-979a4ee2

## Summary

### Background

The case pertains to CP (IB) No.687/9/NCLT/AHM/2019 before the Ahmedabad Bench of the National Company Law Tribunal. The hearing was conducted through video conferencing on July 29, 2020. The case involves Autocop (India) Pvt Ltd as the operational creditor and Beekay IT Netsec Solutions Pvt Ltd. as the corporate debtor. The application was filed under Section 9 of the Insolvency & Bankruptcy Code, 2016.

## Facts

The case CP (IB) No.687/9/NCLT/AHM/2019 was filed under Section 9 of the Insolvency & Bankruptcy Code, 2016. Autocop (India) Pvt Ltd is the Operational Creditor, and Beekay IT Netsec Solutions Pvt Ltd is the Corporate Debtor. Neither party appeared for the hearing on July 29, 2020, nor had they appeared since December 11, 2019. This absence was interpreted as non-prosecution by the Operational Creditor. The relevance of the non-appearance is that it led to the dismissal of the case, although the Operational Creditor has the option to restore it.

## Issues and analysis

### Issue 1: Whether the application under Section 9 of the Insolvency & Bankruptcy Code, 2016 can be …

**Ratio:** The ratio is that if neither the operational creditor nor the corporate debtor appears

…

**Reasoning:** The court reasoned that the absence of both parties, especially the Operational Creditor

…

**Interpretation:** This interprets the procedural rules of NCLT, allowing for dismissal when

…

**Application:** In this specific case, the non-appearance of both Autocop (India) Pvt Ltd and

…

## Parties

- **Judges:** Madan B.…; Virendra Kumar…
- **Appellants:** Autocop India Pvt…
- **Respondents:** Beekay IT Netsec…

## Timeline

- **2019-12-11 — Non-Appearanc…**: Records indicate that neither the Operational Creditor nor the Corporate Debtor appeared…
- **2020-07-29 — Hearing…**: Hearing through video conferencing before the Ahmedabad Bench of the National Company Law…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

---

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/beekay-it-netsec-solutions-pvt-ltd-cp-ib-no-687-9-nclt-ahm-2019-979a4ee2