# In the matter of Sigtia Constructions Pvt. Ltd. C.P. (IB)-795(MB)-2020

> NCLT judgment dated 2021-07-07. Citation: TCN-2021-NCLT-01827. The matter was listed on the board from 23.02.2021 for the appearance of the…

- **Court:** NCLT
- **Order date:** 7 Jul 2021
- **Citation:** TCN-2021-NCLT-01827
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/sigtia-constructions-pvt-ltd-cp-ib-795mb-2020-bd06bbcb

## Summary

### Background

The matter was listed on the board from 23.02.2021 for the appearance of the petitioner/dismissal of the company petition. However, none appeared on either side.

## Facts

The matter involving S. P. Infrastructure V/s Sigtia Constructions Pvt. Ltd was listed on the board from 23.02.2021 for the appearance of the petitioner or dismissal of the company petition. On the hearing date, 07.07.2021, no one appeared on either side. The petitioner's continuous absence established that the petitioner was no longer interested in prosecuting the company petition. Therefore, the company petition was dismissed for non-prosecution.

## Issues and analysis

### Issue 1: Whether the company petition should be dismissed …

**Ratio:** A company petition can be dismissed for non-prosecution if the petitioner demonstrates a

…

**Reasoning:** The court reasoned that the petitioner's continuous absence indicated a lack of interest

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**Interpretation:** The interpretation is that a petitioner's active participation is crucial for

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**Application:** In this case, the petitioner's continuous absence from the hearing, despite the

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## Parties

- **Judges:** H.V. Subb…; SHRICHANDRA BHAN…
- **Appellants:** S. P. Infrastructu…
- **Respondents:** SIGTIA CONSTRUCTIO…

## Timeline

- **2021-02-23 — Matter L…**: The matter was listed on the board for the appearance of the petitioner/dismissal of the…
- **2021-07-07 — Order Da…**: The company petition was dismissed for…

## 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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