# In the matter of Besson Musical Instruments Pvt. Ltd. CP No.(IB) 14-ALD-2020

> NCLT judgment dated 2022-02-02. Citation: TCN-2022-NCLT-04278. The case involves M/S Ajay Filling Station V/S M/S Besson Musical Instrument Pvt Ltd. The…

- **Court:** NCLT
- **Order date:** 2 Feb 2022
- **Citation:** TCN-2022-NCLT-04278
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/besson-musical-instruments-pvt-ltd-cp-noib-14-ald-2020-0c144e9a

## Summary

### Background

The case involves M/S Ajay Filling Station V/S M/S Besson Musical Instrument Pvt Ltd. The matter was listed before the National Company Law Tribunal, Allahabad Bench. The corporate debtor's counsel submitted that the matter has been amicably settled between the parties as early as 04.08.2021. The operational creditor's counsel has not been appearing in the matter.

## Facts

The case is between M/S Ajay Filling Station (operational creditor) and M/S Besson Musical Instrument Pvt Ltd (corporate debtor). The corporate debtor's counsel stated that the matter has been amicably settled between the parties as early as 2021-08-04. The operational creditor's counsel has not appeared in court since 2021-09-28. The matter was called on 2021-12-01 and 2021-12-20, but the operational creditor was not represented. This is the third occasion where the operational creditor has not been represented. The operational creditor is not interested in pursuing the company petition.

## Issues and analysis

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

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

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**Reasoning:** The court observed that the operational creditor's counsel has been absent for multiple

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**Interpretation:** The consistent absence of the operational creditor's counsel is interpreted as

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**Application:** Given the operational creditor's repeated absence and the corporate debtor's

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## Parties

- **Judges:** Rajasekha…; Virendra Kumar…
- **Appellants:** M/S Ajay Filling…
- **Respondents:** M/S Besson…

## Timeline

- **2022-02-02 — Hearing…**: Hearing held on 02nd…
- **2021-08-04 — Amicable Set…**: The corporate debtor's counsel submits that the matter has been amicably settled between…

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