# In the matter of Sethi Developers Pvt. Ltd. C.P.(IB)-185(MB)-2017

> NCLT judgment dated 2022-06-02. Citation: TCN-2022-NCLT-02471. The case pertains to a Company Petition listed before the National Company Law Tribunal (NCLT),…

- **Court:** NCLT
- **Order date:** 2 Jun 2022
- **Citation:** TCN-2022-NCLT-02471
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/sethi-developers-pvt-ltd-cpib-185mb-2017-1b3a1014

## Summary

### Background

The case pertains to a Company Petition listed before the National Company Law Tribunal (NCLT), Mumbai Bench. The matter was listed for either the appearance of the Petitioner or the dismissal of the Company Petition.

## Facts

The matter was listed before the National Company Law Tribunal, Mumbai Bench, for either the appearance of the Petitioner or the dismissal of the Company Petition. On the specified date, 02.06.2022, neither party appeared before the tribunal. The Petitioner's absence indicated a lack of interest in prosecuting the matter. Consequently, the tribunal dismissed the Company Petition due to non-prosecution.

## Issues and analysis

### Issue 1: Whether the Company Petition should be dismissed due to the non-appearance of the parties and the …

**Ratio:** The legal principle applied is that a case can be dismissed for non-prosecution if the

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**Reasoning:** The court reasoned that since neither party appeared and the Petitioner showed no

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**Interpretation:** This interpretation aligns with the procedural rules that allow courts to

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**Application:** In this specific case, the absence of both parties, particularly the

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## Parties

- **Judges:** H.V. Subb…; Chandra Bha…
- **Appellants:** M/s A B & Co.…
- **Respondents:** M/s Seth Developer…

## Timeline

- **2022-06-02 — Hearing…**: Hearing of Mumbai Bench of the…
- **N/A — Order…**: Company Petition…

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