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

> NCLT judgment dated 2021-02-25. Citation: TCN-2021-NCLT-02910. The case pertains to IBA/997/2019. The order sheet indicates that the National Company Law…

- **Court:** NCLT
- **Order date:** 25 Feb 2021
- **Citation:** TCN-2021-NCLT-02910
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/its-doors-pvt-ltd-iba-997-2019-934f3c7d

## Summary

### Background

The case pertains to IBA/997/2019. The order sheet indicates that the National Company Law Tribunal, Chennai Bench, held a hearing on February 25, 2021, via video conferencing. The case involves Paradise Hardware as the petitioner and ITS Doors Pvt Ltd as the respondent. The matter was listed under Section 9 Rule 6 of the IBC.

## Facts

The case, IBA/997/2019, involves Paradise Hardware as the petitioner and ITS Doors Pvt Ltd as the respondent. A hearing was held on February 25, 2021. Neither the petitioner nor the respondent was present. The Tribunal noted that the petitioner had also been absent from the previous hearing on January 7, 2021, and had been warned that further non-appearance would result in dismissal. As a result of the petitioner's continued absence, the Tribunal dismissed the petition for non-prosecution. The case is related to Section 9 Rule 6 of the IBC.

## Issues and analysis

### Issue 1: Whether the Tribunal was justified in dismissing the petition due to the petitioner's absence from …

**Ratio:** The Tribunal has the authority to dismiss a petition if the petitioner fails to appear

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**Reasoning:** The Tribunal noted the petitioner's absence in the current and previous hearings, coupled

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**Interpretation:** The legal principle is that a petitioner has a responsibility to actively

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**Application:** In this case, the petitioner's absence, despite a prior warning, justified the

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## Parties

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

## Timeline

- **2021-01-07 — Previous Ord…**: The Tribunal notes the petitioner's absence and warns of potential dismissal for future…
- **2021-02-25 — Hearing…**: Hearing held via video conferencing. Neither party present. Petition dismissed for…

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