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

> NCLT judgment dated 2022-08-01. Citation: TCN-2022-NCLT-01504. 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-01504
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/hsl-software-pvt-ltd-ib-154-pb-2019-9ceb5599

## 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. Despite service of e-notice by the Court Officer to the Financial Creditor, no one was present at the time of the virtual hearing. On a previous occasion, it was made clear that if the Financial Creditor fails to appear on the next date of hearing, the Section 7 application would be dismissed.

## Facts

The Financial Creditor filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016. The Court Officer served an e-notice to the Financial Creditor regarding the virtual hearing. On 2022-07-06, the court warned that the Section 7 application would be dismissed if the Financial Creditor failed to appear on the next hearing date. On 2022-08-01, no one representing the Financial Creditor was present at the virtual hearing. Consequently, the court dismissed the Section 7 application.

## Issues and analysis

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

**Ratio:** The ratio 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 case interprets the procedural requirements of the IBC and the

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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 Da…**: The court dismissed the Section 7 application due to the absence of the Financial…

## 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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