# In the matter of Mrs. Jyoti Soni, CP (IB) - 110(PB)/2021

> NCLT judgment dated 2022-05-18. Citation: TCN-2022-NCLT-02713. The case involves a petition/application filed by Mrs. Jyoti Soni under Section 94(1) of the…

- **Court:** NCLT
- **Order date:** 18 May 2022
- **Citation:** TCN-2022-NCLT-02713
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/mrs-jyoti-soni-cp-ib-110pb2021-4ec9d431

## Summary

### Background

The case involves a petition/application filed by Mrs. Jyoti Soni under Section 94(1) of the Insolvency & Bankruptcy Code. The matter was called, but no one appeared for the Resolution Professional. On three previous occasions (06.05.2022, 11.05.2022, and 17.05.2022), no one appeared either.

## Facts

Mrs. Jyoti Soni filed a petition/application under Section 94(1) of the Insolvency & Bankruptcy Code. Mr. Nitin Kaushik, Advocate for Bank/Financial Creditor, was present. However, no one appeared for the Resolution Professional. The matter was called on 18.05.2022, and previously on 06.05.2022, 11.05.2022, and 17.05.2022, but no one appeared for the Resolution Professional on any of these occasions. Due to this non-appearance, the petition and all other pending applications/reports were dismissed for non-prosecution.

## Issues and analysis

### Issue 1: Whether the petition filed by Mrs. Jyoti Soni should be dismissed due to the repeated absence of …

**Ratio:** A court may dismiss a case for non-prosecution if the parties involved fail to appear or

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**Reasoning:** The court reasoned that the repeated absence of the Resolution Professional indicated a

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**Interpretation:** The interpretation is that consistent absence and lack of representation can be

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**Application:** In this case, the Resolution Professional's repeated absence, coupled with the

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## Parties

- **Judges:** Ramalingam…; AVINASH K.…
- **Appellants:** Jyoti…

## Timeline

- **2022-05-06 — Previous H…**: No one appeared for the…
- **2022-05-11 — Previous H…**: No one appeared for the…

## 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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