# In the matter of Steel India Infrastructure Pvt. Ltd. CP(IB) 293-2019

> NCLT judgment dated 2020-12-01. Citation: TCN-2020-NCLT-00196. The case pertains to CP(IB) 293 of 2019 before the Ahmedabad Bench of the National Company Law…

- **Court:** NCLT
- **Order date:** 1 Dec 2020
- **Citation:** TCN-2020-NCLT-00196
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/steel-india-infrastructure-pvt-ltd-cpib-293-2019-d0f88318

## Summary

### Background

The case pertains to CP(IB) 293 of 2019 before the Ahmedabad Bench of the National Company Law Tribunal. The matter was heard through video conferencing on December 1, 2020. The operational creditor, Aakash Gases Pvt Ltd, initiated proceedings under Section 9 of the Insolvency and Bankruptcy Code against Steel India Infrastructures Pvt Ltd.

## Facts

Aakash Gases Pvt Ltd, the operational creditor, filed CP(IB) 293 of 2019 against Steel India Infrastructures Pvt Ltd under Section 9 of the Insolvency and Bankruptcy Code. The case was heard through video conferencing on December 1, 2020, before the Ahmedabad Bench of the National Company Law Tribunal. The operational creditor failed to appear for four consecutive dates. Due to the operational creditor's absence, the tribunal inferred a lack of interest in pursuing the matter.

## Issues and analysis

### Issue 1: Whether the application CP(IB) 293 of 2019 should be dismissed due to the operational creditor's …

**Ratio:** The principle applied is that if a party initiating legal proceedings fails to appear

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**Reasoning:** The tribunal reasoned that the operational creditor's absence for four consecutive dates

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**Interpretation:** The interpretation of the law is that the operational creditor has a

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** Madan B.…; Virendra Kumar…
- **Appellants:** Aakash Gases Pvt…
- **Respondents:** Steel India…

## Timeline

- **2020-12-01 — Hearing…**: The case was heard through video conferencing before the Ahmedabad Bench of the National…
- **N/A — Operational Creditor…**: The operational creditor, Aakash Gases Pvt Ltd, failed to appear for four consecutive…

## 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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