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

> NCLT judgment dated 2022-02-18. Citation: TCN-2022-NCLT-04058. 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-04058
- **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-a43ed2e1

## 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 (NCLT), Jaipur Bench, through video conferencing. The case is filed under Section 9 of the Insolvency and Bankruptcy Code (IBC), 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 NCLT Jaipur Bench. Despite multiple hearings, the Operational Creditor, Mr. Jagannath Convertors Pvt. Ltd., failed to appear or provide representation. The advocate for the Corporate Debtor, Mr. Aditya Vijay, was present. Due to the consistent absence of the Operational Creditor, the NCLT dismissed the petition in default. The absence of the petitioner is a key fact that led to the dismissal.

## Issues and analysis

### Issue 1: Whether the petition filed by the Operational Creditor should be dismissed due to their consistent …

**Ratio:** A petition can be dismissed if the petitioner fails to appear or provide representation

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**Reasoning:** The court reasoned that the absence of the Operational Creditor despite multiple hearings

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**Interpretation:** The interpretation is that consistent absence or lack of representation by the

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**Application:** In this case, the Operational Creditor's absence from multiple hearings led the

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## Parties

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

## Timeline

- **2020-09-01 — CP Filed…**: CP No. (IB)-24/9/JPR/202…
- **2022-02-18 — Order Da…**: The petition was dismissed in default due to the absence of the Operational Creditor's…

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