# In the matter of MTG Infra Power Pvt. Ltd. & Ors. CA No. 204-2019 in CP (IB) No. 92-ALD-2019

> NCLT judgment dated 2022-04-25. Citation: TCN-2022-NCLT-03100. The case pertains to CA No. 204/2019 and CP (IB) No. 92/ALD/2019 before the National Company…

- **Court:** NCLT
- **Order date:** 25 Apr 2022
- **Citation:** TCN-2022-NCLT-03100
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/mtg-infra-power-pvt-ltd-ors-ca-no-204-2019-in-cp-ib-no-92-ald-2019-328095cb

## Summary

### Background

The case pertains to CA No. 204/2019 and CP (IB) No. 92/ALD/2019 before the National Company Law Tribunal, Allahabad Bench. The matter involves Vinod Kumar Goel & Ors versus MTG Infra Power Pvt Ltd & Ors. The hearing was held on April 25, 2022.

## Facts

The case involves a Corporate Insolvency Resolution Process (CIRP) application filed under Section 7 of the IBC. The Operational Creditor failed to appear or be represented in court on multiple occasions, specifically on 13.03.2020, 02.02.2022, and 25.04.2022. The Corporate Debtor was represented by an authorized representative. The consistent absence of the Operational Creditor suggested a lack of interest in pursuing the petition, leading to the dismissal of the CIRP application.

## Issues and analysis

### Issue 1: Whether the CP (IB) No. 92/ALD/2019 should be dismissed due to the Operational Creditor's lack of …

**Ratio:** The ratio is that a petition can be dismissed for non-prosecution if the petitioner fails

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**Reasoning:** The court reasoned that the Operational Creditor's absence on multiple hearing dates

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**Interpretation:** The interpretation is that consistent absence and lack of representation by 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:** Rajasekha…; Virendra Kumar…
- **Appellants:** Vinod Kuma…
- **Respondents:** MTG Infra Power…
- **Advocates:** Adesh T…; Babita…

## Timeline

- **2020-03-13 — Hearing…**: Hearing was called on 13.03.2020, but there was no representation on behalf of the…
- **2022-02-02 — Hearing…**: Hearing was called on 02.02.2022, but there was no representation on behalf of the…

## 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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