# In the matter of S&T Builders LLP IB-503-ND-2022

> NCLT judgment dated 2022-03-25. Citation: TCN-2022-NCLT-03516. The case pertains to an application filed by Khandelwal Group Pvt. Ltd against S & T Builders…

- **Court:** NCLT
- **Order date:** 25 Mar 2022
- **Citation:** TCN-2022-NCLT-03516
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/st-builders-llp-ib-503-nd-2022-d844e8de

## Summary

### Background

The case pertains to an application filed by Khandelwal Group Pvt. Ltd against S & T Builders LLP. The order was delivered under Section 9 of the Insolvency and Bankruptcy Code (IBC).

## Facts

Khandelwal Group Pvt. Ltd filed an application against S & T Builders LLP. The case was listed as Item No. 409 with reference number IB/503/ND/2020. On March 25, 2022, the court noted that the applicant was absent despite repeated calls. Consequently, the court dismissed the petition for want of prosecution.

## Issues and analysis

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

**Ratio:** A petition can be dismissed if the applicant fails to appear and prosecute the case,

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**Reasoning:** The court reasoned that the applicant's absence despite repeated calls indicated a lack

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**Interpretation:** The interpretation is that the applicant has a responsibility to be present and

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

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## Parties

- **Judges:** DHARMINDER…; SUMITAPURKA…
- **Appellants:** Khandelwal Group…
- **Respondents:** S & T Build…

## Timeline

- **2022-03-25 — Order Del…**: The order was delivered dismissing the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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