# In the matter of Shree Ram Proteins Ltd. C. P. (I.B) No.451-9-NCLT-AHM-2018

> NCLT judgment dated 2020-08-04. Citation: TCN-2020-NCLT-00910. The case pertains to CP(IB) No.451/9/NCLT/AHM/2018 before the Ahmedabad Bench of the National…

- **Court:** NCLT
- **Order date:** 4 Aug 2020
- **Citation:** TCN-2020-NCLT-00910
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/shree-ram-proteins-ltd-c-p-ib-no451-9-nclt-ahm-2018-5d439da1

## Summary

### Background

The case pertains to CP(IB) No.451/9/NCLT/AHM/2018 before the Ahmedabad Bench of the National Company Law Tribunal. The hearing was conducted through video conferencing on August 4, 2020. The matter involves Mohini Health & Hygiene Ltd. V/s. Shree Ram Proteins Ltd. The application was filed under Section 9 of the Insolvency and Bankruptcy Code.

## Facts

The case involves Mohini Health & Hygiene Ltd. as the Operational Creditor and Shree Ram Proteins Ltd. The application was filed under Section 9 of the Insolvency and Bankruptcy Code. Neither the Operational Creditor nor the Corporate Debtor appeared for the hearing on August 4, 2020. Records indicate that no one had appeared in the matter even prior to the lockdown. This absence led the court to infer that the Operational Creditor was not interested in proceeding with the matter. Consequently, the court disposed of the proceeding for non-prosecution, but granted the Operational Creditor the liberty to revive the application.

## Issues and analysis

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

**Ratio:** A court may dismiss a case for non-prosecution when the parties involved fail to appear,

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**Reasoning:** The court reasoned that the consistent absence of both the Operational Creditor and the

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

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**Application:** In this case, the court applied the principle of non-prosecution by dismissing

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## Parties

- **Judges:** Madan B.…; Virendra Kumar…
- **Appellants:** Mohini Health &…
- **Respondents:** Shree Ram…

## Timeline

- **2020-08-04 — Hearing…**: Hearing through video conferencing before the Ahmedabad Bench of the National Company Law…
- **N/A — Filing of App…**: CP(IB) No.451/9/NCLT/AHM/2018 was filed under Section 9 of the Insolvency and Bankruptcy…

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