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

> NCLT judgment dated 2022-11-25. Citation: TCN-2022-NCLT-00326. The case pertains to C.P.(IB)/265(MB)2022 filed under Section 9 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 25 Nov 2022
- **Citation:** TCN-2022-NCLT-00326
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/thunder-force-limited-cp-ib-265mb2022-a939552b

## Summary

### Background

The case pertains to C.P.(IB)/265(MB)2022 filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The hearing was held on November 25, 2022. The court convened through video conference.

## Facts

The matter C.P.(IB)/265(MB)2022 was listed before the National Company Law Tribunal, Mumbai Bench. The Operational Creditor, Amjath Parid, filed the application against the Corporate Debtor, Thunder Force Limited, under Section 9 of the Insolvency and Bankruptcy Code, 2016. On the previous hearing date of October 3, 2022, and on the current hearing date of November 25, 2022, the matter was called twice, but no one appeared on behalf of the Operational Creditor. This absence led the court to believe that the Operational Creditor was not interested in pursuing the case. The absence of the Operational Creditor is a key fact leading to the dismissal of the case.

## Issues and analysis

### Issue 1: Whether the application C.P.(IB)/265(MB)2022 should be dismissed due to the absence of the …

**Ratio:** The principle applied is that if a party initiating legal proceedings fails to appear or

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**Reasoning:** The court reasoned that the repeated absence of the Operational Creditor indicated a lack

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**Interpretation:** The interpretation is that the Operational Creditor's absence is construed as a

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

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

## Timeline

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

## 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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