# In the matter of Shahi Infrastructure Pvt. Ltd. IB-1066(PB)-2019

> NCLT judgment dated 2023-01-23. Citation: TCN-2023-NCLT-04941. The case involves M/s. Aarti Security Services as the applicant/petitioner and M/s. Shahi…

- **Court:** NCLT
- **Order date:** 23 Jan 2023
- **Citation:** TCN-2023-NCLT-04941
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/shahi-infrastructure-pvt-ltd-ib-1066pb-2019-6ca7a7a4

## Summary

### Background

The case involves M/s. Aarti Security Services as the applicant/petitioner and M/s. Shahi Infrastructure Pvt. Ltd. as the respondent. The matter was brought under Section 9 of the IBC code 2016.

## Facts

M/s. Aarti Security Services filed a case against M/s. Shahi Infrastructure Pvt. Ltd. under Section 9 of the IBC code 2016. Despite repeated calls and on earlier dates, no one appeared on behalf of the petitioner, M/s. Aarti Security Services. This absence led the court to dismiss the matter for non-prosecution. The absence of the petitioner suggests a lack of interest in pursuing the case, which is the key fact leading to the dismissal.

## Issues and analysis

### Issue 1: Whether the matter should be dismissed due to the non-appearance of the petitioner despite repeated …

**Ratio:** The legal principle applied is that if a party fails to appear before the court despite

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**Reasoning:** The court reasoned that the petitioner's absence, despite repeated calls and previous

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**Interpretation:** The interpretation is that the court has the discretion to dismiss a case when

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**Application:** In this specific case, the petitioner's absence despite repeated calls directly

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## Parties

- **Judges:** ATUL CHAT…; BACHU VENKAT…
- **Appellants:** M/s. Aarti…
- **Respondents:** M/s. Shahi…

## Timeline

- **2023-01-23 — Order Del…**: The order was delivered dismissing…

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