# In the matter of Karunamoyee Engineers Pvt. Ltd. C.P. (IB)-1523(KB)2019

> NCLT judgment dated 2021-12-01. Citation: TCN-2021-NCLT-00310. The matter pertains to KALI TRANSPORT PVT LTD vs. KARUNAMOYEE ENGINEERS PVT LTD. The case was…

- **Court:** NCLT
- **Order date:** 1 Dec 2021
- **Citation:** TCN-2021-NCLT-00310
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/karunamoyee-engineers-pvt-ltd-cp-ib-1523kb2019-8365818c

## Summary

### Background

The matter pertains to KALI TRANSPORT PVT LTD vs. KARUNAMOYEE ENGINEERS PVT LTD. The case was called for hearing on multiple dates: 2021-08-11, 2021-10-20, and the present date. The operational creditor failed to appear on multiple hearing dates.

## Facts

KALI TRANSPORT PVT LTD initiated a case against KARUNAMOYEE ENGINEERS PVT LTD under Section 9 of the IBC. The matter was scheduled for hearing on 2021-08-11 and 2021-10-20. On 2021-10-20, it was stated that if there was no representation on behalf of the Operational Creditor, the matter would be dismissed on the next hearing date. However, even on the present date, there was no appearance on behalf of the Operational Creditor. This led the court to construe that the Operational Debtor was not interested in pursuing the petition.

## Issues and analysis

### Issue 1: Whether the petition should be dismissed due to the absence of representation from the Operational …

**Ratio:** A case can be dismissed for non-prosecution if the Operational Creditor fails to appear

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**Reasoning:** The court reasoned that the repeated absence of the Operational Creditor indicated a lack

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**Interpretation:** The interpretation is that consistent absence and lack of representation by the

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**Application:** The Operational Creditor, KALI TRANSPORT PVT LTD, failed to appear on multiple

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## Parties

- **Judges:** Rajasekha…; Balraj…
- **Appellants:** KALI TRANSPORT…
- **Respondents:** KARUNAMOYEE…

## Timeline

- **2021-08-11 — Hearing…**: The matter was called…
- **2021-10-20 — Hearing…**: The matter was called for hearing. It was stated that if there was no representation on…

## 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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