# In the matter of Sanatan Logistics Private Limited CP(IB) No. 72-Chd-Hry-2020

> NCLT judgment dated 2022-05-18. Citation: TCN-2022-NCLT-02709. The case involves a petition filed by Ashok Fuels Station, the operational creditor, against…

- **Court:** NCLT
- **Order date:** 18 May 2022
- **Citation:** TCN-2022-NCLT-02709
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/sanatan-logistics-private-limited-cpib-no-72-chd-hry-2020-126e8516

## Summary

### Background

The case involves a petition filed by Ashok Fuels Station, the operational creditor, against Sanatan Logistics Private Limited, the corporate debtor, under Section 9 of the IBC 2016. The registry was directed to issue notice to the learned counsel for the petitioner, but there was no representation on behalf of the petitioner for several hearing dates. On April 1, 2022, learned proxy counsel for the petitioner submitted that parties have arrived at a settlement and requested time to place the settlement agreement on record.

## Facts

Ashok Fuels Station, the operational creditor, filed a petition against Sanatan Logistics Private Limited, the corporate debtor, under Section 9 of the IBC 2016. The registry was directed to issue notice to the petitioner's counsel. There was no representation from the petitioner in several hearings. On April 1, 2022, the petitioner's proxy counsel stated that the parties had reached a settlement and requested time to place the settlement agreement on record. However, on the day of the order, there was still no representation on behalf of the petitioner. Due to the petitioner's absence and lack of interest in prosecuting the petition, the court dismissed the petition for want of prosecution. The key fact is the persistent absence of the petitioner or their counsel,

…

## Issues and analysis

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

**Ratio:** A petition can be dismissed for want of prosecution if the petitioner fails to appear or

…

**Reasoning:** The court reasoned that the petitioner's absence and lack of representation indicated a

…

**Interpretation:** The interpretation is that a petitioner has a responsibility to actively pursue

…

**Application:** In this case, the petitioner's repeated absence and lack of representation led

…

## Parties

- **Judges:** SUBRATA KUM…; Harnam Singh…
- **Appellants:** Ashok Fuels…
- **Respondents:** Sanatan Logistics…

## Timeline

- **2022-01-13 — Order Da…**: Registry was directed to issue notice to…
- **2022-04-01 — Last Date of…**: Learned proxy counsel for the petitioner submitted that parties have arrived at a…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/sanatan-logistics-private-limited-cpib-no-72-chd-hry-2020-126e8516