# In the matter of HSL Software Pvt. Ltd. )IB-154-PB-2019

> NCLT judgment dated 2022-08-01. Citation: TCN-2022-NCLT-01510. The case pertains to an application under Section 7 of the Insolvency and Bankruptcy Code, 2016…

- **Court:** NCLT
- **Order date:** 1 Aug 2022
- **Citation:** TCN-2022-NCLT-01510
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/hsl-software-pvt-ltd-ib-154-pb-2019-9c6dd910

## Summary

### Background

The case pertains to an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC). The Financial Creditor initiated the application, but no one appeared on their behalf during the virtual hearing despite the service of e-notice by the Court Officer. On a previous occasion, 06.07.2022, it was communicated that the Section 7 application would be dismissed if the Financial Creditor failed to appear on the next hearing date.

## Facts

The Financial Creditor filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016. The Court Officer served an e-notice for a virtual hearing. On 06.07.2022, the court warned that the Section 7 application would be dismissed if the Financial Creditor failed to appear on the next hearing date. On the date of the hearing, no one appeared on behalf of the Financial Creditor. As a result, the court dismissed the Section 7 application.

## Issues and analysis

### Issue 1: Whether the Section 7 application should be dismissed due to the Financial Creditor's absence …

**Ratio:** The principle is that a party's failure to appear in court after due notice can result in

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**Reasoning:** The court reasoned that the Financial Creditor was duly notified of the hearing via

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**Interpretation:** This interprets the procedural rules and principles of natural justice to mean

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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:** P.S.N. P…; RAHUL BHA…
- **Appellants:** Pawan…
- **Respondents:** M/s. HSL Software…

## Timeline

- **2022-07-06 — Previous H…**: The court warned that the Section 7 application would be dismissed if the Financial…
- **2022-08-01 — Order Del…**: The court dismissed the Section 7 application due to the Financial Creditor's absence…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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