# In the matter of Nanak Properties Pvt. Ltd. C.P.(IB)-4497(MB)-2018

> NCLT judgment dated 2021-02-15. Citation: TCN-2021-NCLT-03049. The matter pertains to a company petition filed under Section 9 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 15 Feb 2021
- **Citation:** TCN-2021-NCLT-03049
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/nanak-properties-pvt-ltd-cpib-4497mb-2018-10e6e37a

## Summary

### Background

The matter pertains to a company petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The case was listed for hearing before the Mumbai Bench of the National Company Law Tribunal (NCLT).

## Facts

Nanda & Associates filed a company petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Nanak Properties Pvt Ltd. The matter was listed for hearing before the Mumbai Bench of the National Company Law Tribunal on February 15, 2021. However, no one appeared on behalf of the petitioner, Nanda & Associates. The court noted that the matter was listed under the caption 'appearance of the petitioner/dismissal'. Based on the petitioner's absence, the court inferred that the petitioner was not interested in prosecuting the petition.

## Issues and analysis

### Issue 1: Whether the company petition should be dismissed …

**Ratio:** The ratio is that a court may dismiss a case for non-prosecution if the petitioner fails

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**Reasoning:** The court reasoned that the petitioner's failure to appear, despite the matter being

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**Interpretation:** This issue involves the interpretation of procedural rules and the court's

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**Application:** The ratio and reasoning are applied to the specific facts of the case, where

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## Parties

- **Judges:** H.V. Subb…; Shyam Babu…
- **Appellants:** Nanda & Ass…
- **Respondents:** Nanak Properties…

## Timeline

- **2021-02-15 — Hearing…**: Hearing of the matter before the Mumbai…
- **N/A — Filing of P…**: Nanda & Associates filed a company petition under Section 9 of the Insolvency and…

## 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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