# In the matter of Hindustan Magnesium Products Pvt. Ltd. CP (IB) No. 644-9-HDB-2019

> NCLT judgment dated 2021-10-27. Citation: TCN-2021-NCLT-00679. The case pertains to a Company Petition filed under Section 9 of the IBC. The Operational…

- **Court:** NCLT
- **Order date:** 27 Oct 2021
- **Citation:** TCN-2021-NCLT-00679
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/hindustan-magnesium-products-pvt-ltd-cp-ib-no-644-9-hdb-2019-15e70e90

## Summary

### Background

The case pertains to a Company Petition filed under Section 9 of the IBC. The Operational Creditor, Asia Metal & Ferro Alloys, filed the petition against the Corporate Debtor, Hindustan Magnesium Products Pvt Ltd. The hearing was conducted via video conference on October 27, 2021.

## Facts

Asia Metal & Ferro Alloys filed a Company Petition (CP (IB) No.644/9/HDB/2019) against Hindustan Magnesium Products Pvt Ltd under Section 9 of the IBC. The hearing took place on October 27, 2021, via video conference. The Corporate Debtor's counsel appeared, but the Operational Creditor was absent for the last three hearings. This absence led to the dismissal of the petition for default.

## Issues and analysis

### Issue 1: Whether the Company Petition should be dismissed due to the Operational Creditor's repeated absence …

**Ratio:** A court may dismiss a case if the plaintiff or petitioner fails to appear or prosecute

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**Reasoning:** The court reasoned that the Operational Creditor's absence for the last three hearings

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**Interpretation:** The interpretation is that consistent absence from hearings indicates a lack of

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** Venkata Ramakrishn…; BINOD KUMAR…
- **Appellants:** Asia Metal &…
- **Respondents:** Hinustan Magnesium…

## Timeline

- **2019-01-01 — Company Petiti…**: CP (IB) No.644/9/HDB/201…
- **2021-10-27 — Hearing…**: Hearing held on…

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