# In the matter of Rayen Steels Pvt. Ltd. CP(IB) No.111-9-HDB-2019

> NCLT judgment dated 2019-07-03. Citation: TCN-2019-NCLT-02703. The matter was listed for hearing under the caption 'dismissal'. The Operational Creditor was…

- **Court:** NCLT
- **Order date:** 3 Jul 2019
- **Citation:** TCN-2019-NCLT-02703
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/rayen-steels-pvt-ltd-cpib-no111-9-hdb-2019-c7c15e22

## Summary

### Background

The matter was listed for hearing under the caption 'dismissal'. The Operational Creditor was absent, and no one was representing them. The court noted that the Operational Creditor was not showing any interest in proceeding with the case.

## Facts

The Company Petition/Application No. is CP(IB) No.111/9/HDB/2019. The name of the company is Rayen Steels Pvt Ltd. The name of the petitioner is Basai Steels & Power Pvt Ltd. The name of the respondent is Rayen Steels Pvt Ltd. The case was listed for dismissal due to the operational creditor's absence and lack of interest in proceeding with the case. The operational creditor was called absent, and no one represented them. The court determined that the operational creditor was not showing any interest in proceeding with the case. The matter was listed under the caption 'dismissal' for non-prosecution.

## Issues and analysis

### Issue 1: Whether the petition should be dismissed due to the Operational Creditor's absence and lack of …

**Ratio:** A petition can be dismissed for non-prosecution if the petitioner fails to appear or

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**Reasoning:** The court reasoned that since the Operational Creditor was absent and showed no interest

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**Interpretation:** This interprets the procedural rules allowing for dismissal of cases when the

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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:** Ratakonda…; Ratakonda…
- **Appellants:** Basai Steels &…
- **Respondents:** Rayen Steels Pvt…

## Timeline

- **2019-07-03 — Hearing…**: Hearing held on 03.07.2019 at 10.30 AM.…

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