# In the matter of Samprash Foods Ltd. CP No. (IB) 324-ALD-2019

> NCLT judgment dated 2021-08-16. Citation: TCN-2021-NCLT-01329. The case pertains to CP (IB) 324/ALD/2019, heard by the Allahabad bench of the National Company…

- **Court:** NCLT
- **Order date:** 16 Aug 2021
- **Citation:** TCN-2021-NCLT-01329
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/samprash-foods-ltd-cp-no-ib-324-ald-2019-ac90a2a7

## Summary

### Background

The case pertains to CP (IB) 324/ALD/2019, heard by the Allahabad bench of the National Company Law Tribunal (NCLT). The hearing was conducted via video conferencing. The matter was regarding Yogesh Raghav V/S Samprash Foods LTD. under Section 9 of the IBC.

## Facts

The case involves CP (IB) 324/ALD/2019 before the Allahabad bench of the NCLT. The hearing was conducted via video conferencing on 16.08.2021. Yogesh Raghav is the applicant, and Samprash Foods LTD. is the corporate debtor. Neither party was present during the hearing. Previous orders dated 22.03.2021 and 15.07.2021 also showed the absence of both parties. As a result, the petition was dismissed for non-prosecution. The absence of both parties on multiple occasions suggests a lack of interest in pursuing the case, leading to its dismissal.

## Issues and analysis

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

**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 the absence of both parties during the hearing on 16.08.2021, as

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**Interpretation:** The interpretation is that the court has the discretion to dismiss a case if

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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:** Rajesh Daya…
- **Appellants:** YOGESH R…
- **Respondents:** SAMPRASH FOODS…

## Timeline

- **2021-03-22 — Previous Ord…**: One of the earlier orders of the Court…
- **2021-07-15 — Previous Ord…**: Another earlier order of the Court…

## 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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