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

> NCLT judgment dated 2022-04-05. Citation: TCN-2022-NCLT-03368. The case involves a company petition where the matter was called on multiple dates (12.02.2020,…

- **Court:** NCLT
- **Order date:** 5 Apr 2022
- **Citation:** TCN-2022-NCLT-03368
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/nubildwell-infra-pvt-ltd-cp-no-ib-485-ald-2019-9a6be4de

## Summary

### Background

The case involves 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 pertains to a company petition before the National Company Law Tribunal (NCLT), Allahabad Bench. The matter was listed for hearing on multiple dates: 12.02.2020, 13.03.2020, 28.02.2022, and finally on 05.04.2022. On each of these dates, the operational creditor failed to appear or provide representation. The court observed that the operational creditor appeared uninterested in pursuing the company petition. The petition was filed under Section 9 of the IBC. The NCLT bench consisted of Shri Rajasekhar V.K. (Judicial Member) and Shri Virendra Kumar Gupta (Technical Member).

## 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 party initiating the action fails to

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**Reasoning:** The court reasoned that the operational creditor's repeated absence during scheduled

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**Interpretation:** The interpretation is that an operational creditor must actively pursue their

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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…
- **Respondents:** NUBUILDWELL INFRA…; YOGESHWAR…

## Timeline

- **2020-02-12 — Hearing…**: Matter called, no…
- **2020-03-13 — Hearing…**: Matter called, no…

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