# In the matter of Thunder Force Limited C.P. (IB)-265(MB)2022

> NCLT judgment dated 2022-11-25. Citation: TCN-2022-NCLT-00343. The case pertains to an application under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 25 Nov 2022
- **Citation:** TCN-2022-NCLT-00343
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/thunder-force-limited-cp-ib-265mb2022-949b4245

## Summary

### Background

The case pertains to an application under Section 9 of the Insolvency and Bankruptcy Code, 2016. The matter was called twice on the last occasion, October 3, 2022, and again today, but there was no representation from the Operational Creditor.

## Facts

The Operational Creditor, Amjath Parid, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Thunder Force Limited. The matter was listed for hearing, and on October 3, 2022, the matter was called twice, but no one appeared on behalf of the Operational Creditor. The same situation occurred again on the current hearing date, with no representation from the Operational Creditor. The court noted this absence and inferred a lack of interest in pursuing the case.

## Issues and analysis

### Issue 1: Whether the application C.P.(IB)/265(MB)2022 should be dismissed due to the Operational Creditor's …

**Ratio:** The principle of non-prosecution allows a court to dismiss a case if the claimant fails

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**Reasoning:** The court reasoned that the repeated absence of the Operational Creditor's

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**Interpretation:** The interpretation of non-prosecution implies that a party must actively pursue

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**Application:** In this case, the Operational Creditor's failure to appear on October 3, 2022,

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## Parties

- **Judges:** Manoj Kumar…; KISHORE VEMULAPALL…
- **Appellants:** Amjath…
- **Respondents:** Thunder Force…

## Timeline

- **2022-10-03 — Previous H…**: The matter was called twice, but no representation was made on behalf of the Operational…
- **2022-11-25 — Current H…**: The matter was called twice again, but no representation was made on behalf of the…

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This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/thunder-force-limited-cp-ib-265mb2022-949b4245