# In the matter of Revmax Telecom Infrastructures Private Limited

> NCLT judgment dated 2023-10-10. Citation: TCN-2023-NCLT-01326. The case pertains to an application under the IBC (Insolvency and Bankruptcy Code) under…

- **Court:** NCLT
- **Order date:** 10 Oct 2023
- **Citation:** TCN-2023-NCLT-01326
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/revmax-telecom-infrastructures-private-limited-cd2b7c6b

## Summary

### Background

The case pertains to an application under the IBC (Insolvency and Bankruptcy Code) under Section 9. The Operational Creditor (OC) has been consistently absent from hearings after February 13, 2023. The court notes this absence as a lack of interest in pursuing the matter.

## Facts

The Operational Creditor (OC) in the case, M/S Deekay Electricals - Partnership Firm, filed an application under Section 9 of the IBC. However, the OC has been absent from hearings since February 13, 2023. The Corporate Debtor (CD) is Revmax Telecom Infrastructures Private Limited, represented by Adv. Hindavi Ludbe i/b Adv. Rahul Karnik. The court considered the OC's absence as a sign of disinterest in pursuing the matter.

## Issues and analysis

### Issue 1: Whether the application should be dismissed due to the Operational Creditor's (OC) repeated absence …

**Ratio:** A party's consistent absence from court hearings can be interpreted as a lack of interest

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**Reasoning:** The court reasoned that the OC's absence after 13.02.2023 indicates a lack of interest in

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

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**Application:** The ratio and reasoning are applied to the specific facts of the case, where

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## Parties

- **Judges:** SANJIV…; K. R. SAJI…
- **Appellants:** M/S Deekay…
- **Respondents:** Revmax Telecom…

## Timeline

- **2023-02-13 — OC Absence…**: The Operational Creditor (OC) has not…
- **2023-10-10 — Order Da…**: The order sheet of hearing is dated 10.10.2023, where the application was dismissed for…

## 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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