# In the matter of Weld Metals India Private Limited

> NCLT judgment dated 2025-04-04. Citation: TCN-2025-NCLT-01017. The case pertains to an application under Section 9 of the Insolvency & Bankruptcy Code, 2016.

- **Court:** NCLT
- **Order date:** 4 Apr 2025
- **Citation:** TCN-2025-NCLT-01017
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-new-delhi/weld-metals-india-private-limited-fcdc2a61

## Summary

### Background

The case pertains to an application under Section 9 of the Insolvency & Bankruptcy Code, 2016.

## Facts

The case is related to an application under Section 9 of the Insolvency & Bankruptcy Code, 2016.

The RP has not been appearing for the hearings.

On 25.11.2024, no one appeared on behalf of the RP.

The court ordered the RP to be present physically on the next date of hearing.

The RP or his counsel did not appear on 03.01.2025.

The CIRP was initiated for admission order dated 06.07.2021.

The court recommends strict action against the RP by IBBI.

IA/88/ND/2024 is dismissed for want of prosecution.

## Issues and analysis

### Issue 1: Whether the consistent absence of the Resolution …

**Ratio:** The court has the power to dismiss an application if the applicant fails to prosecute the

…

**Reasoning:** The RP's consistent absence hinders the progress of the CIRP and prevents the court from

…

**Interpretation:** The court interprets the RP's absence as a lack of diligence in prosecuting the

…

**Application:** The court applied this principle by dismissing IA/88/ND/2024 due to the RP's

…

## Parties

- **Judges:** MANNI SANKARIAH…; ATUL CHAT…
- **Appellants:** Mahender…
- **Respondents:** Weld Metals India…
- **Advocates:** Abhishek…

## Timeline

- **2021-07-06 — Admission Ord…**: CIRP was initiated for…
- **2024-11-25 — RP Absen…**: On 25.11.2024, no one…

## 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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