# In the matter of Rise Projects Pvt. Ltd. (IB)-772-ND-2021

> NCLT judgment dated 2022-07-19. Citation: TCN-2022-NCLT-01651. The case pertains to an application filed under Section 7 of the Insolvency and Bankruptcy Code…

- **Court:** NCLT
- **Order date:** 19 Jul 2022
- **Citation:** TCN-2022-NCLT-01651
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/rise-projects-pvt-ltd-ib-772-nd-2021-e76cb4d3

## Summary

### Background

The case pertains to an application filed under Section 7 of the Insolvency and Bankruptcy Code (IBC), 2016. The applicant is Keya Sen Mitra & Ors., and the respondent is Rise Projects Pvt. Ltd. The matter was listed before the National Company Law Tribunal (NCLT), New Delhi Bench (Court – II).

## Facts

Keya Sen Mitra & Ors. filed a petition against Rise Projects Pvt. Ltd. under Section 7 of the IBC, 2016. The case was heard by the NCLT, New Delhi Bench. Despite repeated calls, neither the applicant (Keya Sen Mitra & Ors.) nor the respondent (Rise Projects Pvt. Ltd.) appeared before the court. Due to the absence of both parties, the court dismissed the petition for want of prosecution. The case file was ordered to be consigned to the record room. The order was delivered on July 19, 2022.

## Issues and analysis

### Issue 1: Whether the petition under Section 7 of the IBC, 2016, should be dismissed due to the …

**Ratio:** A court may dismiss a petition if the parties fail to appear, indicating a lack of intent

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**Reasoning:** The court reasoned that since neither the applicant nor the respondent appeared despite

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**Interpretation:** The interpretation is that the presence of parties or their representatives is

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**Application:** In this case, the ratio was applied directly as both parties were absent. The

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## Parties

- **Judges:** SHRI. DHARMINDER…; Shri. L. N.…
- **Appellants:** Keya Sen Mitra &…
- **Respondents:** Rise Projects…

## Timeline

- **2022-07-19 — Order Del…**: The order was delivered dismissing the petition due to the non-appearance of both the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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