# In the matter of Swastik Ispat (P) Ltd. CP (IB) No. 49-KB-2019

> NCLT judgment dated 2019-03-05. Citation: TCN-2019-NCLT-04592. The case pertains to CP (IB) No. 49/KB/2019 before the National Company Law Tribunal, Kolkata…

- **Court:** NCLT
- **Order date:** 5 Mar 2019
- **Citation:** TCN-2019-NCLT-04592
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/swastik-ispat-p-ltd-cp-ib-no-49-kb-2019-2a092b55

## Summary

### Background

The case pertains to CP (IB) No. 49/KB/2019 before the National Company Law Tribunal, Kolkata Bench. The hearing was scheduled for March 5th, 2019. The matter involves Maruti Steels Vs. Swastik Ispat (P) Ltd.

## Facts

The case involves Maruti Steels as the operational creditor and Swastik Ispat (P) Ltd. as the corporate debtor. The hearing was scheduled for March 5th, 2019. The operational creditor failed to appear, and no steps were taken to serve notice to the corporate debtor despite directions from the tribunal. This lack of action led to the dismissal of the case for non-prosecution.

## Issues and analysis

### Issue 1: Whether the case should be dismissed for non-prosecution due to the operational creditor's absence …

**Ratio:** The legal principle applied is that a case can be dismissed for non-prosecution if the

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**Reasoning:** The court reasoned that the operational creditor's absence and failure to serve notice to

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**Interpretation:** The interpretation is that the operational creditor has a responsibility to

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**Application:** In this specific case, the operational creditor's absence and failure to serve

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## Parties

- **Judges:** Jinan…
- **Appellants:** Maruti S…
- **Respondents:** Swastik Ispat (P)…

## Timeline

- **2019-03-05 — Hearing…**: Hearing scheduled 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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