# In the matter of Hari Sitaram Kolhe

> NCLT judgment dated 2023-07-05. Citation: TCN-2023-NCLT-02668. The case pertains to C.P.(IB)/1218(MB)2021 before the National Company Law Tribunal, Mumbai…

- **Court:** NCLT
- **Order date:** 5 Jul 2023
- **Citation:** TCN-2023-NCLT-02668
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/hari-sitaram-kolhe-7017ea70

## Summary

### Background

The case pertains to C.P.(IB)/1218(MB)2021 before the National Company Law Tribunal, Mumbai Bench. The order sheet reflects the hearing held on 05.07.2023. The petitioner was not represented on multiple dates (10.08.2022, 14.11.2022, 16.01.2023, and 21.03.2023), and also on the current hearing date.

## Facts

The case C.P.(IB)/1218(MB)2021 was listed before the National Company Law Tribunal, Mumbai Bench. The hearing was held on 05.07.2023. The petitioner, Hari Sitaram Kolhe, was not represented on several previous dates: 10.08.2022, 14.11.2022, 16.01.2023, and 21.03.2023. On 05.07.2023, the petitioner was again absent. Due to the repeated absence and lack of representation, the court inferred that the petitioner was not interested in pursuing the case. The case was therefore dismissed on account of non-prosecution.

## Issues and analysis

### Issue 1: Whether the C.P.(IB)/1218(MB)2021 should be dismissed due to the petitioner's repeated absence and …

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

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**Reasoning:** The court observed that the petitioner was not represented on multiple prior dates and

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**Interpretation:** The interpretation is that consistent absence and lack of representation by the

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**Application:** Given the petitioner's repeated absence on 10.08.2022, 14.11.2022, 16.01.2023,

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## Parties

- **Judges:** Prabhat…; KISHORE VEMULAPALL…

## Timeline

- **2022-08-10 — Petitioner…**: The petitioner was not…
- **2022-11-14 — Petitioner…**: The petitioner was not…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 94(1) — Application by debtor to initiate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-94)

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