# In the matter of Brain Master Classes Pvt. Ltd. TP-MP-201-2019 in {CP (IB) 718-2019}

> NCLT judgment dated 2020-07-17. Citation: TCN-2020-NCLT-01010. The case pertains to TP No. 201 of 2019 [CP(IB) No. 718 of 2019] before the National Company…

- **Court:** NCLT
- **Order date:** 17 Jul 2020
- **Citation:** TCN-2020-NCLT-01010
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/brain-master-classes-pvt-ltd-tp-mp-201-2019-in-cp-ib-718-2019-016a1b11

## Summary

### Background

The case pertains to TP No. 201 of 2019 [CP(IB) No. 718 of 2019] before the National Company Law Tribunal (NCLT), Indore Bench at Ahmedabad. The matter was heard through video conferencing on July 17, 2020. The case involves Graphic Art Printers V/s Brain Master Classes Pvt Ltd.

## Facts

The case involves Graphic Art Printers as the Operational Creditor and Brain Master Classes Pvt Ltd. The petition was filed under Section 9 of the Insolvency and Bankruptcy Code. No one appeared on behalf of the Operational Creditor after the petition was filed. The court noted the absence of the Operational Creditor and concluded that they were not interested in proceeding with the matter. Consequently, the petition was disposed of for non-prosecution.

## Issues and analysis

### Issue 1: Whether the petition should be disposed of for non-prosecution due to the absence of the …

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

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**Reasoning:** The court reasoned that since no one appeared on behalf of the Operational Creditor after

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**Interpretation:** The interpretation is that the absence of the petitioner or their

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**Application:** In this case, the Operational Creditor's absence led the court to conclude a

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## Parties

- **Judges:** Madan B.…; Virendra Kumar…
- **Appellants:** Graphic Art…
- **Respondents:** Brain Master…

## Timeline

- **2020-07-17 — Hearing…**: Hearing through video conferencing before the Indore Bench at Ahmedabad of the National…
- **N/A — Petition…**: Filing of the petition by…

## 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)

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