# In the matter of Dave's Noni & Juice Pvt. Ltd. C.P. (I.B) No. 213-9-NCLT-AHM-2017

> NCLT judgment dated 2020-12-14. Citation: TCN-2020-NCLT-00090. The case pertains to CP(IB) No.213/9/NCLT/AHM/2017 before the National Company Law Tribunal…

- **Court:** NCLT
- **Order date:** 14 Dec 2020
- **Citation:** TCN-2020-NCLT-00090
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/daves-noni-juice-pvt-ltd-cp-ib-no-213-9-nclt-ahm-2017-99b32620

## Summary

### Background

The case pertains to CP(IB) No.213/9/NCLT/AHM/2017 before the National Company Law Tribunal (NCLT), Ahmedabad Bench. The hearing was conducted through video conferencing. The case involves Harinarayan Corporation V/s. Daves Noni & Juice Pvt. Ltd.

## Facts

The case involves Harinarayan Corporation as the applicant and Daves Noni & Juice Pvt. Ltd. as the respondent. The matter was heard by the National Company Law Tribunal, Ahmedabad Bench. Learned Counsel Mr. Vishal Dave appeared for the Corporate Debtor. Neither the Operational Creditor nor the Financial Creditor appeared for the hearing. The record indicates that the Financial Creditor has been absent for the last two hearing dates. The tribunal inferred that the Operational Creditor is not interested in proceeding with the matter. Consequently, the tribunal disposed of the proceeding for want of prosecution, granting liberty to revive it. The case is related to Section 9 of the Insolvency and Bankruptcy Code, 2016.

## Issues and analysis

### Issue 1: Whether the proceeding should be disposed of due to the absence of the Operational Creditor and …

**Ratio:** A proceeding can be disposed of if the parties involved do not appear and show no

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**Reasoning:** The court reasoned that since neither the Operational Creditor nor the Financial Creditor

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**Interpretation:** This interprets the procedural rules allowing the court to dismiss cases where

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**Application:** Given the absence of the Operational Creditor and Financial Creditor, the court

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## Parties

- **Judges:** Madan B.…; Virendra Kumar…
- **Appellants:** Harinarayan…
- **Respondents:** Daves Noni &…

## Timeline

- **2020-12-14 — Order Da…**: The order was issued on December 14,…

## 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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