# In the matter of Topaki Media Private Limited C.P. (IB)-4278(MB)-2019

> NCLT judgment dated 2021-07-05. Citation: TCN-2021-NCLT-01856. The case pertains to an application under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 5 Jul 2021
- **Citation:** TCN-2021-NCLT-01856
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/topaki-media-private-limited-cp-ib-4278mb-2019-991c5af3

## Summary

### Background

The case pertains to an application under Section 9 of the Insolvency and Bankruptcy Code, 2016. The petitioner failed to appear, and the service affidavit along with paper publication was not filed as per the tribunal's directions dated 2021-03-08. This led the tribunal to believe that the petitioner was not interested in prosecuting the petition.

## Facts

Rajasthan Patrika Private Limited filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Topaki Media Private Limited. The petitioner, Rajasthan Patrika Private Limited, did not appear before the National Company Law Tribunal (NCLT), Mumbai Bench. Furthermore, the petitioner failed to file the service affidavit and paper publication as directed by the tribunal in its order dated 2021-03-08. Due to the petitioner's absence and non-compliance with the tribunal's directions, the tribunal concluded that the petitioner was not interested in pursuing the petition.

## Issues and analysis

### Issue 1: Whether the petition should be dismissed for non-prosecution due to the petitioner's failure to …

**Ratio:** A petition can be dismissed for non-prosecution if the petitioner fails to appear before

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**Reasoning:** The tribunal reasoned that the petitioner's failure to appear and file the required

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**Interpretation:** The interpretation is that compliance with court or tribunal directions is

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**Application:** In this case, the petitioner, Rajasthan Patrika Private Limited, failed to

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## Parties

- **Judges:** H.V. Subb…; Chandra Bha…
- **Appellants:** Rajasthan Patrika…
- **Respondents:** Topaki Media…

## Timeline

- **2021-03-08 — Tribunal Dir…**: The tribunal issued directions to the petitioner regarding the filing of a service…
- **2021-07-05 — Order of Di…**: The tribunal dismissed the petition for non-prosecution due to the petitioner's failure…

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