# In the matter of Meghna Metallurgical and Marine Works Private Limited C.P. (IB)-556-MB-2019

> NCLT judgment dated 2019-05-06. Citation: TCN-2019-NCLT-03481. The case pertains to an application under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 6 May 2019
- **Citation:** TCN-2019-NCLT-03481
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/meghna-metallurgical-and-marine-works-private-limited-cp-ib-556-mb-2019-971e8499

## Summary

### Background

The case pertains to an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, filed before the National Company Law Tribunal (NCLT), Mumbai Division. The applicant's counsel was absent for the last three hearings, and no one was present during the current hearing. The counsel for the Corporate Debtor was present.

## Facts

Oswal Valves Private Limited filed a petition against Meghna Metallurgical and Marine Works Private Limited under Section 9 of the Insolvency and Bankruptcy Code, 2016. The counsel representing Oswal Valves Private Limited was absent for the last three hearings. On the day of the order, no one representing Oswal Valves Private Limited was present. The counsel for the Corporate Debtor, Meghna Metallurgical and Marine Works Private Limited, was present. Due to the petitioner's absence, the NCLT dismissed the petition for non-prosecution.

## Issues and analysis

### Issue 1: Whether the petition should be dismissed due to the absence of the petitioner's counsel for …

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

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**Reasoning:** The court reasoned that the repeated absence of the petitioner's counsel indicated a lack

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

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**Application:** In this case, the petitioner's counsel's absence for three consecutive

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## Parties

- **Judges:** Bhaskara Pantula…; V. Nallasen…
- **Appellants:** Oswal Valves…
- **Respondents:** Meghna Metallurgic…

## Timeline

- **2019-05-06 — Hearing…**: Hearing of Mumbai Bench of the…
- **N/A — Absence of Petitioner's…**: The counsel for 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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