# In the matter of Maa Tarini Industries Ltd. CP (IB) No. 47-KB-2018

> NCLT judgment dated 2019-03-05. Citation: TCN-2019-NCLT-04595. The case pertains to CP (IB) No. 47/KB/2019 before the National Company Law Tribunal, Kolkata…

- **Court:** NCLT
- **Order date:** 5 Mar 2019
- **Citation:** TCN-2019-NCLT-04595
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/maa-tarini-industries-ltd-cp-ib-no-47-kb-2018-756678b8

## Summary

### Background

The case pertains to CP (IB) No. 47/KB/2019 before the National Company Law Tribunal, Kolkata Bench. The matter involves Maruti Steels Vs. Maa Tarini Industries Ltd. The hearing took place on March 5th, 2019. The case was related to Section 9 of the IBC.

## Facts

The case, CP (IB) No. 47/KB/2019, involves Maruti Steels as the Operational Creditor and Maa Tarini Industries Ltd. as the Corporate Debtor. The hearing was held on March 5th, 2019. The application was filed under Section 9 of the IBC. Nobody appeared on behalf of the Operational Creditor during the hearing. Despite directions issued to serve notice to the Corporate Debtor, the Operational Creditor failed to take any steps. As a result, the case was dismissed for non-prosecution.

## Issues and analysis

### Issue 1: Whether the application under Section 9 of the IBC should be dismissed due to the absence of the …

**Ratio:** The ratio is that a case can be dismissed for non-prosecution if the applicant fails to

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**Reasoning:** The court reasoned that the absence of the Operational Creditor and their failure to take

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**Interpretation:** This highlights the importance of active participation and compliance with

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**Application:** In this specific case, the Operational Creditor's absence and inaction led to

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## Parties

- **Judges:** Jinan…
- **Appellants:** Maruti S…
- **Respondents:** Maa Tarini…

## Timeline

- **2019-03-05 — Hearing…**: Hearing held on March…
- **N/A — Direction to Serve…**: Directions issued to serve…

## 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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