# In the matter of Pooja Tannofix Tanner Pvt. Ltd. (IB)-484-ND-2021

> NCLT judgment dated 2022-08-04. Citation: TCN-2022-NCLT-01463. The case pertains to an application filed by Finkotech INC under Section 9 of the Insolvency…

- **Court:** NCLT
- **Order date:** 4 Aug 2022
- **Citation:** TCN-2022-NCLT-01463
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/pooja-tannofix-tanner-pvt-ltd-ib-484-nd-2021-98a183b4

## Summary

### Background

The case pertains to an application filed by Finkotech INC under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016 against Pooja Tannofix Tanner Pvt. Ltd. The applicant was not present despite repeated calls.

## Facts

Finkotech INC filed an application under Section 9 of the IBC, 2016, against Pooja Tannofix Tanner Pvt. Ltd. The case was listed as item number 202 with the identification (IB)-484/ND/2021. During the court proceedings, the applicant, Finkotech INC, was not present despite repeated calls. As a result, the court dismissed the application for non-prosecution.

## Issues and analysis

### Issue 1: Whether the application filed by Finkotech INC should be dismissed due to the applicant's absence …

**Ratio:** The legal principle applied is that if an applicant is not present during court

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**Reasoning:** The court reasoned that the applicant's absence indicates a lack of diligence in pursuing

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**Interpretation:** This interpretation emphasizes the importance of the applicant's active

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**Application:** In this specific case, Finkotech INC's absence led to the dismissal of their

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## Parties

- **Judges:** SHRI. DHARMINDER…; SHRI. L. N.…
- **Appellants:** Finkotec…
- **Respondents:** Pooja Tannofix…

## Timeline

- **2022-08-04 — Order Del…**: The order was delivered dismissing…

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