# In the matter of Rajrani Cold Storage and ICE Plant Pvt. Ltd. C P no.(IB) 35-ALD-2019

> NCLT judgment dated 2021-08-13. Citation: TCN-2021-NCLT-01336. The case pertains to a hearing of the Allahabad Bench of the National Company Law Tribunal…

- **Court:** NCLT
- **Order date:** 13 Aug 2021
- **Citation:** TCN-2021-NCLT-01336
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/rajrani-cold-storage-and-ice-plant-pvt-ltd-c-p-noib-35-ald-2019-d06f73de

## Summary

### Background

The case pertains to a hearing of the Allahabad Bench of the National Company Law Tribunal (NCLT) conducted via video conferencing. The matter involves Corporation Bank versus M/S Rajrani Cold Storage & Ice Plant Pvt. Ltd. The case was listed under Section 7 of the Insolvency and Bankruptcy Code (IBC).

## Facts

The case involves Corporation Bank as the applicant and M/S Rajrani Cold Storage & Ice Plant Pvt. Ltd. as the respondent. The hearing was conducted via video conferencing on 13.08.2021. Neither party was present during the hearing. Previous orders dated 07.01.2021 and 13.07.2021 also showed the absence of both parties. The case is related to Section 7 of the IBC. Because of the continued absence of both parties, the petition was dismissed for non-prosecution. The absence of both parties suggests a lack of active pursuit of the case, leading to the dismissal.

## Issues and analysis

### Issue 1: Whether the petition should be dismissed due to the absence of both the applicant and the …

**Ratio:** The legal principle applied is that a case can be dismissed for non-prosecution if the

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**Reasoning:** The court reasoned that since neither party was present during the hearing and previous

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**Interpretation:** The interpretation is that consistent absence of parties indicates a lack of

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**Application:** Given the facts that both the applicant and the respondent were absent during

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## Parties

- **Judges:** Rajesh Daya…
- **Appellants:** Corporatio…
- **Respondents:** M/S Rajrani Cold…

## Timeline

- **2021-01-07 — Previous…**: An earlier order of the court dated 07.01.2021 showed that neither party appeared on…
- **2021-07-13 — Previous…**: An earlier order of the court dated 13.07.2021 showed that neither party appeared on…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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