# In the matter of Cosmospolis Interiors Pvt. Ltd. CP No. (IB)-57-9-JPR-2020

> NCLT judgment dated 2023-01-31. Citation: TCN-2023-NCLT-04840. The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy Code…

- **Court:** NCLT
- **Order date:** 31 Jan 2023
- **Citation:** TCN-2023-NCLT-04840
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/cosmospolis-interiors-pvt-ltd-cp-no-ib-57-9-jpr-2020-6ec65f73

## Summary

### Background

The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016. The application was initially filed on 13.02.2020. Due to the Covid-19 pandemic, the matter experienced delays in effective hearing. Several adjournments were granted to the petitioner/operational creditor to file Vakalatnama. Despite multiple opportunities, the petitioner failed to appear or file the necessary documents.

## Facts

An application under Section 9 of the IBC, 2016 was filed on 13.02.2020. The matter was delayed due to the Covid-19 pandemic. On 25.03.2022, Mr. Mudit Manohar appeared on behalf of the Petitioner/Operational Creditor. On 12.05.2022, Ms. Pooja Nuwal, Adv. submitted that she was recently engaged and sought time to file Vakalatnama. On 30.06.2022, no one appeared for the Petitioner. Mr. Rohan Agarwal appeared on behalf of the Petitioner/Operational Creditor on 01.08.2022 and sought time to file Vakalatnama. On 13.09.2022, no one appeared for the Petitioner again. The matter could not be taken up on 14.10.2022 and was posted to 23.11.2022. On 23.11.2022, Mr. Rohan Agarwal appeared and sought a last opportunity to file Vakalatnama. Subsequently, no one appeared on behalf of

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the IBC, 2016, should be dismissed for non-prosecution …

**Ratio:** The ratio is that a party must diligently prosecute its case and comply with procedural

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**Reasoning:** The court reasoned that the petitioner's repeated failure to appear and file the

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**Interpretation:** The interpretation is that the court expects parties to actively pursue their

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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:** Deep Chandr…; Satya Ranjan…
- **Appellants:** RAKESH S…
- **Respondents:** M/s Cosmopolis…

## Timeline

- **2020-02-13 — Application…**: An application under Section…
- **2022-03-25 — Appearance of Mr. Mudit…**: Mr. Mudit Manohar, Adv. appeared on behalf…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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