# In the matter of Lotus Poly-Packs (India) Pvt. Ltd. CP(IB) No. 330-9-HDB-2019

> NCLT judgment dated 2019-08-27. Citation: TCN-2019-NCLT-01754. The case involves a Company Petition/Application with the number CP(IB) No. 330/9/HDB/2019…

- **Court:** NCLT
- **Order date:** 27 Aug 2019
- **Citation:** TCN-2019-NCLT-01754
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/lotus-poly-packs-india-pvt-ltd-cpib-no-330-9-hdb-2019-6dc2e8e1

## Summary

### Background

The case involves a Company Petition/Application with the number CP(IB) No. 330/9/HDB/2019 filed under Section 9 of the Insolvency and Bankruptcy Code (IBC). The petitioner is CYMK Inks And Coatings Pvt Ltd, and the respondent is Lotus Poly-Packs (India) Pvt Ltd.

## Facts

The Company Petition/Application CP(IB) No. 330/9/HDB/2019 was filed by CYMK Inks And Coatings Pvt Ltd against Lotus Poly-Packs (India) Pvt Ltd under Section 9 of the IBC. On the hearing date, neither the petitioner nor their counsel were present. The court observed that there was no representation on behalf of the petitioner, and the petitioner appeared uninterested in proceeding with the matter. As a result, the court dismissed the petition for default.

## Issues and analysis

### Issue 1: Whether the Company Petition/Application CP(IB) No. 330/9/HDB/2019 should be dismissed due to the …

**Ratio:** A case can be dismissed for default if the petitioner fails to appear or is not

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**Reasoning:** The court reasoned that the absence of the petitioner and their counsel on the hearing

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**Interpretation:** This interpretation aligns with the procedural rules that allow a court to

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**Application:** In this specific case, the petitioner's absence and lack of representation

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## Parties

- **Judges:** K. Anantha…; BINOD KUMAR…
- **Appellants:** CYMK Inks And…
- **Respondents:** Lotus Poly-Packs…

## Timeline

- **2019-08-27 — Hearing…**: Hearing held on 27.08.2019 at 10.30 AM. No…

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