# In the matter of Ansal Hi-Tech Townships Ltd. (IB)-579(PB)-2020

> NCLT judgment dated 2022-05-04. Citation: TCN-2022-NCLT-02903. The case pertains to a petition filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 4 May 2022
- **Citation:** TCN-2022-NCLT-02903
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/ansal-hi-tech-townships-ltd-ib-579pb-2020-a4414ca5

## Summary

### Background

The case pertains to a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The applicant, M/s. Graphisads Pvt Ltd, filed the petition against the respondent, M/s. Ansal Hi - Tech Townships Ltd. The matter was listed before the National Company Law Tribunal (NCLT), New Delhi.

## Facts

M/s. Graphisads Pvt Ltd filed a petition against M/s. Ansal Hi - Tech Townships Ltd under Section 9 of the Insolvency and Bankruptcy Code, 2016. On the date of the hearing, no one appeared for the applicant, despite repeated calls. The court observed that on the last date of hearing, the parties had sought an adjournment, stating that settlement talks were in progress. The court inferred from this that the petitioner was not interested in pursuing the matter. Consequently, the court dismissed the petition for non-prosecution.

## Issues and analysis

### Issue 1: Whether the petition should be dismissed for non-prosecution due to the applicant's absence and …

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

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**Reasoning:** The court reasoned that the applicant's absence, despite repeated calls, and the prior

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**Interpretation:** This interpretation emphasizes the importance of active participation in legal

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**Application:** In this case, the applicant's absence and prior request for adjournment based

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## Parties

- **Judges:** DHARMINDER…; AVINASH K.…
- **Appellants:** M/s. Graphisads…
- **Respondents:** M/s. Ansal Hi -…

## Timeline

- **N/A — Petition…**: M/s. Graphisads Pvt Ltd filed a petition against M/s. Ansal Hi - Tech Townships Ltd under…
- **N/A — Adjournment…**: Parties sought adjournment on the ground…

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