# In the matter of Origin Laboratories Pvt. Ltd. C.P. (I.B) No. 560-NCLT-AHM-2019

> NCLT judgment dated 2020-07-28. Citation: TCN-2020-NCLT-00951. The case involves a petition where the petitioner has been absent from hearings for several…

- **Court:** NCLT
- **Order date:** 28 Jul 2020
- **Citation:** TCN-2020-NCLT-00951
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/origin-laboratories-pvt-ltd-cp-ib-no-560-nclt-ahm-2019-a0a7e76a

## Summary

### Background

The case involves a petition where the petitioner has been absent from hearings for several dates. The matter was initially heard partly on 20.01.2020, during which the petitioner requested time to produce documents. The matter was fixed for 06.02.2020, but no one appeared for the petitioner. The matter was then listed on 18.03.2020, and the petitioner failed to file rebuttal documents, closing their right to do so. Due to lockdown on 22.04.2020, the matter was listed on 25.06.2020, where the petitioner again requested time to file rebuttal documents, despite the right being closed. The matter was adjourned to 08.07.2020 due to Covid-19, but no one appeared for the petitioner. On 28.07.2020, the petitioner was again absent.

## Facts

The case was heard partly on 20.01.2020, with the Petitioner requesting time to produce documents. On 06.02.2020, no one appeared on behalf of the Petitioner, but Mr. Kiran Shah appeared for the Respondent. The matter was listed on 18.03.2020, but the Petitioner failed to file rebuttal documents, closing their right to do so. Due to lockdown on 22.04.2020, the matter was listed on 25.06.2020, where the Petitioner again requested time to file rebuttal documents, despite the right being closed on 18.03.2020. The matter was adjourned to 08.07.2020 due to Covid-19, but no one appeared for the Petitioner. On 28.07.2020, no one appeared on behalf of the Petitioner. The Petitioner has knowledge of the proceedings but has not been appearing or completing arguments. The

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## Issues and analysis

### Issue 1: Whether the IB petition should be dismissed due to the petitioner's repeated absence and failure to …

**Ratio:** A party's consistent failure to appear and prosecute their case can be grounds for

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**Reasoning:** The court reasoned that the petitioner's repeated absence and failure to complete

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**Interpretation:** This legal issue concerns the consequences of a party's failure to actively

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

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## Parties

- **Judges:** Manorama…; Chockalingam…
- **Appellants:** Gayatri Corporatio…
- **Respondents:** Origin Laboratorie…

## Timeline

- **2020-01-20 — Hearing…**: Both sides were heard partly, and the…
- **2020-02-06 — Hearing…**: None appeared on behalf of the Petitioner; Mr.…

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This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/origin-laboratories-pvt-ltd-cp-ib-no-560-nclt-ahm-2019-a0a7e76a