# In the matter of Okwu India Pvt. Ltd. CP No.(IB)424-ALD-2019

> NCLT judgment dated 2022-02-14. Citation: TCN-2022-NCLT-04153. The case pertains to CP No.(IB)424/ALD/2019 before the National Company Law Tribunal, Allahabad…

- **Court:** NCLT
- **Order date:** 14 Feb 2022
- **Citation:** TCN-2022-NCLT-04153
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/okwu-india-pvt-ltd-cp-noib424-ald-2019-88c77667

## Summary

### Background

The case pertains to CP No.(IB)424/ALD/2019 before the National Company Law Tribunal, Allahabad Bench. The matter was listed for hearing on 14th February 2022. The operational creditor, PARK INN BY RADISSON V/S M/S OKWU INDIA PVT LTD, filed a petition under Section 9 of the IBC.

## Facts

PARK INN BY RADISSON V/S M/S OKWU INDIA PVT LTD, the operational creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code (IBC). The case, CP No.(IB)424/ALD/2019, was heard by the National Company Law Tribunal (NCLT), Allahabad Bench. The matter was called on multiple dates, specifically 12.10.2021, 22.11.2021, 03.01.2022, and 14.02.2022. On all these dates, there was no representation on behalf of the parties. The absence of the operational creditor led the court to believe that they were not interested in pursuing the petition.

## Issues and analysis

### Issue 1: Whether the petition filed by the operational creditor should be dismissed due to their absence …

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

…

**Reasoning:** The court reasoned that the operational creditor's repeated absence indicated a lack of

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**Interpretation:** The interpretation is that consistent absence from hearings implies a lack of

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**Application:** The operational creditor's absence on multiple dates (12.10.2021, 22.11.2021,

…

## Parties

- **Judges:** Rajasekha…; Virendra Kumar…
- **Respondents:** OKWU INDIA…

## Timeline

- **2021-10-12 — Hearing…**: Hearing date where no representation…
- **2021-11-22 — Hearing…**: Hearing date where no representation…

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