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

> NCLT judgment dated 2019-03-05. Citation: TCN-2019-NCLT-04593. 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-04593
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/maa-tarini-industries-ltd-cp-ib-no-47-kb-2018-a55ce892

## 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 was held on March 5th, 2019.

## Facts

The case is CP (IB) No. 47/KB/2019 involving Maruti Steels as the Operational Creditor and Maa Tarini Industries Ltd. as the Corporate Debtor. The hearing took place on March 5th, 2019. Nobody appeared on behalf of the Operational Creditor. Despite directions to serve notice to the Corporate Debtor, the Operational Creditor took no steps. As a result, the case was dismissed for non-prosecution. The key fact is the absence of the Operational Creditor and their failure to act on the directions to serve notice, leading to the dismissal of the case.

## Issues and analysis

### Issue 1: Whether the case should be dismissed for non-prosecution due to the absence of the Operational …

**Ratio:** A case can be dismissed for non-prosecution if the party initiating the action fails to

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**Reasoning:** The court reasoned that since nobody turned up on behalf of the Operational Creditor and

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**Interpretation:** This interpretation emphasizes the importance of active participation and

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

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## Parties

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

## Timeline

- **2019-03-05 — Hearing…**: Hearing held on March…
- **N/A — Directions…**: 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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