# In the matter of B.D.R. Packers Pvt. Ltd. CP No. (IB)-33-ALD-2019

> NCLT judgment dated 2022-05-04. Citation: TCN-2022-NCLT-02902. The case pertains to CP (IB) No. 33/ALD/2019 before the National Company Law Tribunal,…

- **Court:** NCLT
- **Order date:** 4 May 2022
- **Citation:** TCN-2022-NCLT-02902
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/bdr-packers-pvt-ltd-cp-no-ib-33-ald-2019-b1eb1338

## Summary

### Background

The case pertains to CP (IB) No. 33/ALD/2019 before the National Company Law Tribunal, Allahabad Bench. The matter was called on multiple dates (07.03.2022, 06.04.2022, and 04.05.2022), but there was no representation on behalf of the operational creditor.

## Facts

The case involves M/S Damodar Tissue Pvt Ltd as the operational creditor and M/S BDR Packers Pvt Ltd as the corporate debtor. The matter was listed for hearing on 07.03.2022, 06.04.2022, and 04.05.2022. On all these dates, there was no representation on behalf of the operational creditor. The tribunal noted the operational creditor's apparent lack of interest in pursuing the petition. Consequently, the tribunal dismissed the petition for non-prosecution. The key fact is the repeated absence of the operational creditor, leading to the dismissal of their petition.

## Issues and analysis

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

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

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**Reasoning:** The court reasoned that the operational creditor's repeated absence on multiple hearing

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**Interpretation:** The interpretation is that consistent absence and lack of representation by 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:** Rajasekha…; Virendra Kumar…
- **Appellants:** M/S Damodar…
- **Respondents:** M/S BDR Packers…

## Timeline

- **2022-03-07 — Hearing…**: Matter called, no representation on…
- **2022-04-06 — Hearing…**: Matter called, no representation on…

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