# In the matter of ITS Doors Pvt. Ltd. IBA-997-2019

> NCLT judgment dated 2021-02-25. Citation: TCN-2021-NCLT-02909. The case pertains to IBA/997/2019 before the National Company Law Tribunal (NCLT), Chennai…

- **Court:** NCLT
- **Order date:** 25 Feb 2021
- **Citation:** TCN-2021-NCLT-02909
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/its-doors-pvt-ltd-iba-997-2019-07a67478

## Summary

### Background

The case pertains to IBA/997/2019 before the National Company Law Tribunal (NCLT), Chennai Bench. The order sheet indicates a hearing held on February 25, 2021, conducted through video conferencing. The matter concerns a petition by Paradise Hardware against ITS Doors Pvt Ltd. The last order was dated 07.01.2021.

## Facts

The case involves a petition filed by Paradise Hardware against ITS Doors Pvt Ltd under Section 9 Rule 6 of the IBC. The hearing was held on February 25, 2021. Neither the petitioner, Paradise Hardware, nor the respondent, ITS Doors Pvt Ltd, were present during the hearing. The Tribunal noted that the petitioner had also been absent in the previous hearing dated January 7, 2021, and was warned that further absence would lead to dismissal. Due to the continued absence of the petitioner, the Tribunal dismissed the petition for non-prosecution.

## Issues and analysis

### Issue 1: Whether the petition should be dismissed due to the non-appearance of the petitioner and lack of …

**Ratio:** The legal principle applied is that a petition can be dismissed for non-prosecution if

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**Reasoning:** The Tribunal reasoned that the petitioner's absence, despite a prior warning, indicated a

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**Interpretation:** The interpretation is that the Tribunal has the discretion to dismiss a case if

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**Application:** In this specific case, the petitioner's absence at the hearing on February 25,

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## Parties

- **Judges:** R. VARADH…; Anil Ku…
- **Appellants:** Paradise Ha…
- **Respondents:** ITS Doors P…

## Timeline

- **2021-01-07 — Previous…**: The Tribunal noted the non-appearance of the Petitioner and warned that further…
- **2021-02-25 — Hearing…**: Hearing held on February 25, 2021, where neither party was present. The Tribunal…

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