# In the matter of Oasis Tradelink Pvt. Ltd.

> NCLT judgment dated 2023-12-04. Citation: TCN-2023-NCLT-00467. The case involves an application under Section 9 of the Insolvency and Bankruptcy Code (IBC).…

- **Court:** NCLT
- **Order date:** 4 Dec 2023
- **Citation:** TCN-2023-NCLT-00467
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/oasis-tradelink-pvt-ltd-5cc4c401

## Summary

### Background

The case involves an application under Section 9 of the Insolvency and Bankruptcy Code (IBC). The applicant, Chitra Publicity Company (OOH) Gujarat, filed an application against the respondent, Oasis Tradelink Limited. The matter was listed as Item No. 202 – IA 320 of 2020 and Item No. 203 – IA/1112(AHM)2023 in CP(IB) 433 of 2018. The applicant's counsel has repeatedly sought adjournment, and on multiple occasions, no one appeared on behalf of the applicant.

## Facts

Chitra Publicity Company (OOH) Gujarat filed an application against Oasis Tradelink Limited under Section 9 of the IBC. The case was listed as Item No. 202 – IA 320 of 2020 and Item No. 203 – IA/1112(AHM)2023 in CP(IB) 433 of 2018. On 12.09.2023, no one appeared for the applicant. On a previous hearing date, Mr. Shaan Munshaw appeared as proxy counsel for Ms. Pithu Parimal, representing the applicant, and sought an adjournment. On the present date, proxy counsel again appeared for the applicant and sought adjournment. The respondent's counsel stated that the applicant had not complied with the order dated 08.05.2023. The court noted the applicant's lack of action and perceived disinterest in pursuing the matter.

## Issues and analysis

### Issue 1: Whether the application should be dismissed due to the applicant's non-compliance with the order …

**Ratio:** The court has the power to dismiss an application if the applicant fails to comply with

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**Reasoning:** The court reasoned that the applicant's repeated requests for adjournment, coupled with

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**Interpretation:** The court interpreted the applicant's actions as a sign of disinterest and

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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:** SHAMMI…; SAMEER…
- **Appellants:** Chitra Publicity…
- **Respondents:** Oasis Tradelink…

## Timeline

- **2023-05-08 — Order Da…**: Order dated 08.05.2023 was issued, which…
- **2023-09-12 — Hearing…**: Nobody appeared on…

## 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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