# In the matter of Magna Graphics India Ltd. C.P. (IB)-2776(MB)-2019

> NCLT judgment dated 2021-07-05. Citation: TCN-2021-NCLT-01857. The case pertains to a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016.…

- **Court:** NCLT
- **Order date:** 5 Jul 2021
- **Citation:** TCN-2021-NCLT-01857
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/magna-graphics-india-ltd-cp-ib-2776mb-2019-09794034

## Summary

### Background

The case pertains to a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016. The petitioner failed to appear for the hearing, and the service affidavit along with paper publication was not filed as per the tribunal's directions dated 08.03.2021.

## Facts

Channel Freight Service India Pvt Ltd filed a petition against Magna Graphics India Ltd under Section 9 of the Insolvency and Bankruptcy Code, 2016. The petitioner, Channel Freight Service India Pvt Ltd, did not appear for the hearing. Furthermore, the service affidavit and paper publication, as directed by the tribunal on 08.03.2021, were not filed by the petitioner. This failure to comply with the tribunal's directions and the absence of the petitioner led the tribunal to conclude that the petitioner was not interested in prosecuting the petition.

## Issues and analysis

### Issue 1: Whether the petition should be dismissed for non-prosecution due to the petitioner's absence and …

**Ratio:** A petition can be dismissed for non-prosecution if the petitioner fails to appear and

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**Reasoning:** The tribunal reasoned that the petitioner's absence and failure to file the service

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**Interpretation:** The interpretation is that a petitioner has a responsibility to actively pursue

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**Application:** In this case, the petitioner's absence and failure to file the required

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## Parties

- **Judges:** H.V. Subb…; Chandra Bha…
- **Appellants:** Channel Freight…
- **Respondents:** Magna Graphics…

## Timeline

- **2021-03-08 — Tribunal Dir…**: The tribunal directed the petitioner to file a service affidavit along with paper…
- **2021-07-05 — Order Da…**: The tribunal dismissed the…

## 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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