# In the matter of Nubildwell Infra Pvt. Ltd. CP No. (IB) 485-ALD-2019

> NCLT judgment dated 2022-04-05. Citation: TCN-2022-NCLT-03358. The case pertains to a company petition where the matter was called on multiple dates…

- **Court:** NCLT
- **Order date:** 5 Apr 2022
- **Citation:** TCN-2022-NCLT-03358
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/nubildwell-infra-pvt-ltd-cp-no-ib-485-ald-2019-6e517bc3

## Summary

### Background

The case pertains to a company petition where the matter was called on multiple dates (12.02.2020, 13.03.2020, 28.02.2022, and 05.04.2022).

## Facts

The case involves a company petition under Section 9 of the IBC. The matter was called on 12.02.2020, 13.03.2020, 28.02.2022, and 05.04.2022. The Operational Creditor did not have any representation during these hearings. The court noted the Operational Creditor's lack of interest in pursuing the company petition. As a result, the petition was dismissed for non-prosecution.

## Issues and analysis

### Issue 1: Whether the company petition should be dismissed due to the Operational Creditor's lack of …

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

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**Reasoning:** The court reasoned that the Operational Creditor's repeated absence and lack of

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**Interpretation:** The interpretation is that consistent absence and lack of engagement by a

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**Application:** In this case, the Operational Creditor's absence on multiple hearing dates

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## Parties

- **Judges:** Rajasekha…; Virendra Kumar…
- **Appellants:** YOGESHWAR…
- **Respondents:** M/S NUBUILDWELL…

## Timeline

- **2020-02-12 — Hearing…**: The matter was called on this date,…
- **2020-03-13 — Hearing…**: The matter was called on this date,…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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