# In the matter of Triveni Polytech CP No. (IB) - 24-9-9-JPR-2020

> NCLT judgment dated 2022-02-18. Citation: TCN-2022-NCLT-04054. The case involves Mr. Jagannath Convertors Pvt. Ltd. as the Operational Creditor and M/s…

- **Court:** NCLT
- **Order date:** 18 Feb 2022
- **Citation:** TCN-2022-NCLT-04054
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/triveni-polytech-cp-no-ib-24-9-9-jpr-2020-73af732d

## Summary

### Background

The case involves Mr. Jagannath Convertors Pvt. Ltd. as the Operational Creditor and M/s Triveni Polytech Pvt. Ltd. as the Corporate Debtor. The matter is being heard by the National Company Law Tribunal, Jaipur Bench, through video conferencing. The case is filed under Section 9 of the Insolvency and Bankruptcy Code, 2016.

## Facts

Mr. Jagannath Convertors Pvt. Ltd. filed a petition against M/s Triveni Polytech Pvt. Ltd. under Section 9 of the IBC, 2016. The case was heard by the National Company Law Tribunal, Jaipur Bench. Despite multiple hearings, the Operational Creditor, Mr. Jagannath Convertors Pvt. Ltd., failed to appear or provide any representation. Mr. Aditya Vijay, Adv., appeared for the Respondent/Corporate Debtor, M/s Triveni Polytech Pvt. Ltd. Due to the absence of the Petitioner, the petition was dismissed in default.

## Issues and analysis

### Issue 1: Whether the petition filed by the Operational Creditor can be maintained in the absence of any …

**Ratio:** A petition cannot be maintained if the petitioner fails to appear or provide

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**Reasoning:** The court noted the repeated absence of the Operational Creditor and the lack of any

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**Interpretation:** The principle is that a party initiating legal proceedings must actively pursue

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**Application:** In this case, the Operational Creditor's absence and lack of representation led

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## Parties

- **Judges:** Deep Chandr…; RAGHU N…; +1 more
- **Appellants:** Jagannath…
- **Respondents:** M/s Triveni…
- **Advocates:** Aditya…

## Timeline

- **2020-09-01 — CP No. (IB)-24/9/JPR/202…**: The Corporate Insolvency Resolution Process (CIRP) application with CP No.…
- **2022-02-18 — Order Is…**: The petition was dismissed in default due to the absence of the Operational Creditor and…

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