# In the matter of Shiv Shakti Industries Private Limited

> NCLT judgment dated 2024-05-01. Citation: TCN-2024-NCLT-01508. The case pertains to proceedings under Section 10 of the Insolvency and Bankruptcy Code (IBC).…

- **Court:** NCLT
- **Order date:** 1 May 2024
- **Citation:** TCN-2024-NCLT-01508
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/shiv-shakti-industries-private-limited-ec2ba470

## Summary

### Background

The case pertains to proceedings under Section 10 of the Insolvency and Bankruptcy Code (IBC). The applicant, Shiv Shakti Industries Private Limited, is not present. The court notes that the applicant has not been appearing for a long time.

## Facts

The case involves Shiv Shakti Industries Private Limited as the applicant. The applicant was not present during the proceedings and had been absent for a considerable time. The respondent was represented by Mr. Sumit Parikh, Adv. The court, noting the applicant's absence, dismissed the application for default.

## Issues and analysis

### Issue 1: Whether the application should be dismissed due to the applicant's absence and failure to appear …

**Ratio:** An application can be dismissed for default if the applicant fails to appear before the

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**Reasoning:** The court reasoned that since the applicant was not present and had been absent for a

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**Interpretation:** The interpretation is that consistent absence from court proceedings indicates

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**Application:** In this case, the applicant's prolonged absence led the court to apply the

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## Parties

- **Judges:** Chitra Ha…; Velamur G Venkata…
- **Appellants:** Shiv Shakti…

## Timeline

- **2024-05-01 — Order Del…**: The order was delivered dismissing the application for default due to the applicant's…

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