# In the matter of Southern HI Q Paper Cones & Tubes P. Ltd. CP-1431-IB-2018

> NCLT judgment dated 2019-03-19. Citation: TCN-2019-NCLT-04388. The case pertains to a company petition filed under CP/1431/IB/2018. The Operational Creditor…

- **Court:** NCLT
- **Order date:** 19 Mar 2019
- **Citation:** TCN-2019-NCLT-04388
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/southern-hi-q-paper-cones-tubes-p-ltd-cp-1431-ib-2018-98e4945c

## Summary

### Background

The case pertains to a company petition filed under CP/1431/IB/2018. The Operational Creditor was not present during the hearings on 2019-02-22 and 2019-03-15. The Operational Creditor was also not present on the current date, despite a peremptory direction to appear before the bench.

## Facts

The Operational Creditor, Jodhani Papers Ltd, filed a company petition (CP/1431/IB/2018) against the Corporate Debtor, Southern Hi Q Paper Cones & Tubes P Ltd, under Section 9 Rule 6. The Operational Creditor was absent during the hearings on 2019-02-22 and 2019-03-15. The Operational Creditor was also absent on the current date, despite a peremptory direction to appear before the bench. Due to the continued absence, the bench dismissed the company petition for default.

## Issues and analysis

### Issue 1: Whether the company petition should be dismissed due to the absence of the Operational Creditor …

**Ratio:** A party's failure to appear in court despite being directed to do so can result in the

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**Reasoning:** The court reasoned that the Operational Creditor's repeated absence, despite being given

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**Interpretation:** The interpretation is that a party must actively pursue their case and comply

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**Application:** In this case, the Operational Creditor's absence despite a peremptory direction

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## Parties

- **Judges:** B.S.V. Prakash…; S. VIJAYARA…
- **Appellants:** JODHANI PAP…
- **Respondents:** SOUTHERN HI Q…

## Timeline

- **2018-01-01 — Petition…**: CP/1431/IB/2018 was…
- **2019-02-22 — Hearing…**: Operational Creditor…

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