# In the matter of Tapaswi Infra Projects India Pvt. Ltd. IA (IBC)-482-2022 in CP (IB) No. 598-7-HDB-2019

> NCLT judgment dated 2022-05-31. Citation: TCN-2022-NCLT-02532. The case involves an application (IA(IBC)/482/2022) filed to restore a petition…

- **Court:** NCLT
- **Order date:** 31 May 2022
- **Citation:** TCN-2022-NCLT-02532
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/tapaswi-infra-projects-india-pvt-ltd-ia-ibc-482-2022-in-cp-ib-no-598-7-hdb-2019-0b86fdc4

## Summary

### Background

The case involves an application (IA(IBC)/482/2022) filed to restore a petition (CP(IB)598/7/HDB/2019) that was previously dismissed on 2022-04-26 for non-prosecution.

## Facts

An application, IA(IBC)/482/2022, was filed to restore CP(IB)598/7/HDB/2019. The original petition was dismissed on 2022-04-26 due to non-prosecution. The applicant, Divya Prabhas Developers Pvt Ltd, sought to have the petition restored. The court noted that the petitioner had been repeatedly absent and had not shown keen interest in prosecuting the petition on previous occasions. This history of non-prosecution was a key factor in the court's decision.

## Issues and analysis

### Issue 1: Whether the application to restore the petition CP(IB)598/7/HDB/2019 should be allowed, considering …

**Ratio:** A petition dismissed for non-prosecution should not be restored if the petitioner has a

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**Reasoning:** The court reasoned that the petitioner's repeated absence and lack of interest in

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**Interpretation:** The interpretation is that a party seeking restoration of a dismissed petition

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**Application:** In this case, the petitioner's history of absence and lack of interest in

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## Parties

- **Judges:** Bhaskara Pantula…; BINOD KUMAR…
- **Appellants:** Divya Prabhas…
- **Respondents:** Tapaswi Infra…

## Timeline

- **2019-01-01 — Filing of CP(IB)598/7/HD…**: The original Company Petition…
- **2022-04-26 — Dismissal of CP(IB)598/7…**: The Company Petition CP(IB)598/7/HDB/2019…

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