# In the matter of S. Deepak Innor Infrastructure Ltd. CP-1061-IB-2018

> NCLT judgment dated 2019-06-24. Citation: TCN-2019-NCLT-02800. The case was filed on 2018-09-11. Adjournments were sought for settlement. The case was…

- **Court:** NCLT
- **Order date:** 24 Jun 2019
- **Citation:** TCN-2019-NCLT-02800
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/s-deepak-innor-infrastructure-ltd-cp-1061-ib-2018-0f50f5e6

## Summary

### Background

The case was filed on 2018-09-11. Adjournments were sought for settlement. The case was adjourned due to the absence of parties. The Operational Creditor's counsel was absent for the last two hearings. The matter was posted to 2019-04-01 with a peremptory direction for the Operational Creditor's counsel to appear.

## Facts

The Company Petition was filed on 2018-09-11. The parties sought adjournments for settlement. The case was adjourned due to the absence of either party. The Operational Creditor's counsel was absent for the last two hearings. The matter was posted to 2019-04-01 with a peremptory direction for the Operational Creditor's counsel to appear. The Operational Creditor's counsel remained absent for the last two hearings and the current hearing.

## Issues and analysis

### Issue 1: Whether the Company Petition should be dismissed due to the continued absence of the Operational …

**Ratio:** A case can be dismissed for default if a party fails to appear before the court,

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**Reasoning:** The court reasoned that the Operational Creditor's counsel's continued absence indicated

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**Interpretation:** The interpretation is that consistent absence of a party, especially after a

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

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## Parties

- **Judges:** B.S.V. Prakash…; S. VIJAYARA…
- **Appellants:** RIYARA TR…
- **Respondents:** S.DEEPAK INNOR…

## Timeline

- **2018-09-11 — Case Fil…**: The Company Petition…
- **2019-04-01 — Matter P…**: The matter was posted with a peremptory direction for the Operational Creditor's counsel…

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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/s-deepak-innor-infrastructure-ltd-cp-1061-ib-2018-0f50f5e6