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

> NCLT judgment dated 2021-02-15. Citation: TCN-2021-NCLT-03051. The case pertains to a petition filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 15 Feb 2021
- **Citation:** TCN-2021-NCLT-03051
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/nanak-properties-pvt-ltd-cpib-4497mb-2018-981bf9f7

## Summary

### Background

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

## Facts

Nanda & Associates filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Nanak Properties Pvt Ltd. The case was listed before the Mumbai Bench of the National Company Law Tribunal on February 15, 2021. However, Nanda & Associates did not appear for the hearing. The NCLT noted that the petitioner's absence suggested a lack of interest in prosecuting the petition. Consequently, the NCLT dismissed the petition for non-prosecution.

## Issues and analysis

### Issue 1: Whether the company petition should be dismissed due to the petitioner's non-appearance and …

**Ratio:** A court may dismiss a case for non-prosecution if the petitioner fails to appear or

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**Reasoning:** The NCLT reasoned that the petitioner's absence, despite the case being listed, indicated

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**Interpretation:** The interpretation of the law allows the court to dismiss a case if the

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**Application:** In this case, the petitioner's non-appearance was interpreted as a lack of

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## Parties

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

## Timeline

- **2021-02-15 — Hearing…**: The matter was listed for hearing before the Mumbai Bench of the National Company Law…
- **2021-02-15 — Dismissal of…**: The company petition was dismissed for…

## 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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