# In the matter of Maharana Infrastructure and Professional Services Limited CA No. 306 & 307-2018 In CP No(IB) 294-ALD-2018

> NCLT judgment dated 2019-04-30. Citation: TCN-2019-NCLT-03616. The case pertains to an insolvency petition filed under Section 9 of the IBC. The petitioner…

- **Court:** NCLT
- **Order date:** 30 Apr 2019
- **Citation:** TCN-2019-NCLT-03616
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/maharana-infrastructure-and-professional-services-limited-ca-no-306-307-2018-in-d523b90e

## Summary

### Background

The case pertains to an insolvency petition filed under Section 9 of the IBC. The petitioner was absent during the hearing, and there was no representation on their behalf. The petitioner has been absent since March 6, 2019.

## Facts

The case involves an insolvency petition under Section 9 of the IBC. The petitioner, M/S TV 18 Broadcast Limited, was not present during the hearing on April 30, 2019, and no representation was made on their behalf. The petitioner had been absent since March 6, 2019. Due to the continued absence and lack of prosecution, the court presumed that the petitioner had lost interest in pursuing the case. This led to the dismissal of the IB petition in default.

## Issues and analysis

### Issue 1: Whether the insolvency petition should be dismissed due to the petitioner's absence and lack of …

**Ratio:** A case can be dismissed in default if the petitioner is absent and fails to prosecute the

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**Reasoning:** The court reasoned that the petitioner's prolonged absence since March 6, 2019, and the

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**Interpretation:** This highlights the importance of active participation and prosecution of cases

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

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## Parties

- **Judges:** Saroj Ra…; Harihar Prakash…
- **Appellants:** M/S TV 18…
- **Respondents:** Maharana infrastru…

## Timeline

- **2019-03-06 — Petitioner's…**: The petitioner has been…
- **2019-04-30 — Hearing…**: Hearing of Allahabad Bench of the National Company Law Tribunal. The petitioner was…

## 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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