# In the matter of Prajay Engineers Syndicate Ltd. CP (IB) No. 30-9-HDB-2021

> NCLT judgment dated 2021-02-24. Citation: TCN-2021-NCLT-02927. The case pertains to a Company Petition/Application filed under CP (IB) No. 30/9/HDB/2021…

- **Court:** NCLT
- **Order date:** 24 Feb 2021
- **Citation:** TCN-2021-NCLT-02927
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/prajay-engineers-syndicate-ltd-cp-ib-no-30-9-hdb-2021-00552729

## Summary

### Background

The case pertains to a Company Petition/Application filed under CP (IB) No. 30/9/HDB/2021 before the National Company Law Tribunal (NCLT), Hyderabad. The petitioner is Prajay Engineers Syndicate Ltd, and the respondent is Crystal Swimming Pools (INDIA) Pvt Ltd. The application is filed under Section 9 of the Insolvency and Bankruptcy Code (IBC).

## Facts

Prajay Engineers Syndicate Ltd filed a Company Petition/Application (CP (IB) No. 30/9/HDB/2021) against Crystal Swimming Pools (INDIA) Pvt Ltd under Section 9 of the IBC. On February 24, 2021, neither the petitioner nor the respondent appeared for the hearing. As a result, the NCLT dismissed the petition for default of non-prosecution. The key fact is the absence of both parties, leading to the dismissal.

## Issues and analysis

### Issue 1: Whether the Company Petition/Application should be dismissed due to the non-appearance of both the …

**Ratio:** A case can be dismissed for default if neither party appears before the court on the

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**Reasoning:** The court reasoned that since neither the petitioner nor the respondent was present, it

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**Interpretation:** The interpretation is that the court expects parties to be present and actively

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**Application:** In this case, the application of the ratio is straightforward. Since neither

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## Parties

- **Judges:** Bhaskara Pantula…; Veera Brahma Rao…
- **Appellants:** Prajay Engineers…
- **Respondents:** Crystal Swimming…

## Timeline

- **2021-02-24 — Hearing…**: Scheduled hearing for CP…
- **2021-02-24 — Case Dism…**: CP (IB) No. 30/9/HDB/2021 dismissed due to the non-appearance of both the petitioner 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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