# In the matter of Sanjivani Commontrade Pvt. Ltd. IB-461-ND-2020

> NCLT judgment dated 2021-08-18. Citation: TCN-2021-NCLT-01308. The case involves M/s. Rajiv Ved and Associates as the petitioner and M/s. Sanjivani…

- **Court:** NCLT
- **Order date:** 18 Aug 2021
- **Citation:** TCN-2021-NCLT-01308
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/sanjivani-commontrade-pvt-ltd-ib-461-nd-2020-1a2930d0

## Summary

### Background

The case involves M/s. Rajiv Ved and Associates as the petitioner and M/s. Sanjivani Commontrade Pvt. Ltd. as the respondent. The matter was listed for a virtual hearing. The order was delivered under Section 9 of the Insolvency and Bankruptcy Code (IBC).

## Facts

M/s. Rajiv Ved and Associates filed a case against M/s. Sanjivani Commontrade Pvt. Ltd. under Section 9 of the IBC. The case was scheduled for a virtual hearing on 18.08.2021. However, no one from either party was present during the hearing. Furthermore, no one was present during the previous hearing on 12.07.2021. Due to the continued absence of both parties, the court dismissed the matter.

## Issues and analysis

### Issue 1: Whether the matter should be dismissed due to the absence of both parties during the virtual …

**Ratio:** The ratio is that a case can be dismissed if the parties fail to appear and pursue the

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**Reasoning:** The court reasoned that since neither party was present for the current hearing nor the

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**Interpretation:** The interpretation is that active participation and presence in scheduled

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**Application:** In this specific case, the absence of both the petitioner and the respondent

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## Parties

- **Judges:** P.S.N. P…; HEMANT KUMAR…
- **Appellants:** M/s. Rajiv Ved…
- **Respondents:** M/s. Sanjivani…

## Timeline

- **2021-07-12 — Previous H…**: No one was present at the…
- **2021-08-18 — Order Del…**: Order delivered on 18.08.2021 (Virtual Hearing). No one is present at the time of virtual…

## 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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