# In the matter of Suwalka and Suwalka Properties and Builders Pvt. Ltd.

> NCLT judgment dated 2023-09-20. Citation: TCN-2023-NCLT-01527. The case pertains to CP No. (IB)-103/9/JPR/2020 filed under Section 9 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 20 Sept 2023
- **Citation:** TCN-2023-NCLT-01527
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/suwalka-and-suwalka-properties-and-builders-pvt-ltd-e38f274b

## Summary

### Background

The case pertains to CP No. (IB)-103/9/JPR/2020 filed under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016. Marketing Engineers & Consultant is the Operational Creditor, and Suwalka and Suwalka Properties and Builders Pvt. Ltd. is the Corporate Debtor. The matter was heard through video conferencing.

## Facts

Marketing Engineers & Consultant filed a petition against Suwalka and Suwalka Properties and Builders Pvt. Ltd. under Section 9 of the IBC, 2016. The case was heard via video conferencing. The Operational Creditor (Marketing Engineers & Consultant) did not appear for the hearing. Mr. Amol Vyas, the advocate representing the Corporate Debtor, stated he had no instructions from his client. The court observed that there had been no representation on behalf of the Petitioner for the last two dates. This lack of appearance and communication led to the dismissal of the petition.

## Issues and analysis

### Issue 1: Whether the petition should be dismissed due to the absence of the Operational Creditor and lack of …

**Ratio:** A petition can be dismissed if the petitioner fails to appear or prosecute the case

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**Reasoning:** The court reasoned that the absence of the Operational Creditor and the lack of

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**Interpretation:** The interpretation is that consistent absence or lack of engagement from the

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**Application:** In this case, the Operational Creditor's absence and the Corporate Debtor's

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## Parties

- **Judges:** Deep Chandr…; RAJEEV ME…
- **Appellants:** Marketing…
- **Respondents:** Suwalka and…

## Timeline

- **2023-09-20 — Order Da…**: The petition was dismissed in default due to the absence of the Operational Creditor and…

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