# In the matter of Shambhu Textiles Mills Pvt. Ltd. C.P. (I B) No. 395-9-NCLT-AHM-2019

> NCLT judgment dated 2019-08-07. Citation: TCN-2019-NCLT-02059. The case pertains to C.P. (I.B) No. 395/9/NCLT/AHM/2019 before the Ahmedabad Bench of the…

- **Court:** NCLT
- **Order date:** 7 Aug 2019
- **Citation:** TCN-2019-NCLT-02059
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/shambhu-textiles-mills-pvt-ltd-cp-i-b-no-395-9-nclt-ahm-2019-61d35ebc

## Summary

### Background

The case pertains to C.P. (I.B) No. 395/9/NCLT/AHM/2019 before the Ahmedabad Bench of the National Company Law Tribunal. The matter involves Bholenath Enterprise V/s. Shambhu Textiles Mills Pvt. Ltd. regarding Section 9 of the Insolvency and Bankruptcy Code. The petitioner did not appear for the hearing.

## Facts

The case involves Bholenath Enterprise as the applicant against Shambhu Textiles Mills Pvt. Ltd. The matter was listed before the Ahmedabad Bench of the National Company Law Tribunal under C.P. (I.B) No. 395/9/NCLT/AHM/2019. On multiple occasions, including the previous hearing dated 2019-06-21, the petitioner, Bholenath Enterprise, failed to appear before the court. As a result, the court initially passed over the matter temporarily. However, due to the continued absence of the petitioner, the court ultimately dismissed the case for want of prosecution. The case pertains to Section 9 of the Insolvency and Bankruptcy Code.

## Issues and analysis

### Issue 1: Whether the application under Section 9 of the Insolvency and Bankruptcy Code should be dismissed …

**Ratio:** A case can be dismissed for want of prosecution if the petitioner fails to appear before

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**Reasoning:** The court reasoned that the petitioner's repeated absence, including a previous hearing

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**Interpretation:** The interpretation is that consistent absence of the petitioner suggests a lack

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**Application:** Given the petitioner's repeated absence, the court applied the principle that a

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## Parties

- **Judges:** Harihar Prakash…; Prasanta Kumar…
- **Appellants:** Bholenath…
- **Respondents:** Shambhu Textiles…

## Timeline

- **2019-06-21 — Previous H…**: The petitioner did not…
- **2019-08-07 — Case Dism…**: CP(IB) 395 of 2019 was dismissed due to the…

## 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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