# In the matter of Sivadharshini Papers Pvt. Ltd. {CP(IB)-269(CHE)2022]

> NCLT judgment dated 2023-06-22. Citation: TCN-2023-NCLT-05427. The case involves an application under Section 9 Rule 6 of the IBC, 2016. The application is…

- **Court:** NCLT
- **Order date:** 22 Jun 2023
- **Citation:** TCN-2023-NCLT-05427
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chennai/sivadharshini-papers-pvt-ltd-cpib-269che2022-5fbb69bc

## Summary

### Background

The case involves an application under Section 9 Rule 6 of the IBC, 2016. The application is based on an award passed by the Hon'ble High Court, which is challenged under Section 37 of the Arbitration and Conciliation Act, 1996.

## Facts

The application was filed under Section 9 Rule 6 of the IBC, 2016.

The application is based on an award passed by the Hon'ble High Court.

The award is challenged under Section 37 of the Arbitration and Conciliation Act, 1996.

The petitioner did not appear during the hearing.

The respondent was represented by their counsel, Mr. Anirudh Krishnan.

The court dismissed the application due to non-prosecution.

## Issues and analysis

### Issue 1: Whether the application CP(IB)/269(CHE)2022 should be dismissed due to the non-appearance of the …

**Ratio:** The application can be dismissed if the petitioner does not appear and shows no interest

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**Reasoning:** The court observed that the petitioner did not appear even after being called twice and

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**Interpretation:** The absence of the petitioner and their lack of interest in prosecution

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**Application:** Based on the petitioner's absence and apparent lack of interest, the court

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## Parties

- **Judges:** SANJIV…; SAMEER…
- **Appellants:** Sunwin P…
- **Respondents:** Sivadarshini…
- **Advocates:** Anirudh Kr…

## Timeline

- **2023-06-22 — Hearing…**: Hearing held on 22.06.2023…
- **2023-07-24 — Order Da…**: Order dated 24.07.2023 records that none appeared for the petitioner when the matter was…

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