Tribunals and CommissionsDivision Bench(2022) 02 NCLT CK 0019

Ajay Filling Station vs Besson Musical Instruments Pvt.Ltd

National Company Law Tribunal · Decided on 2 February 2022

HON’BLE JUDGES
Rajasekhar V.K., Member J · Virendra Kumar Gupta, Member, T
RESULT
Dismissed
CASE NUMBER
CP No.(IB) 14/ALD/2020

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Judgment

13 paragraphs · 173 words

No representation on behalf of the operational creditor.

Ld. Counsel for the corporate debtor present.

He submits that the matter has been amicably settled between the parties as early as on 04.08.2021 and thereafter, the counsel on record for the

operational creditor has not been appearing in the matter. He therefore, seeks dismissal of the present petition.

It is seen that the last occasion on which the Ld. Counsel appeared on behalf of the operational creditor was on 28th September, 2021, then the matter

could not be taken up due to paucity of time. Thereafter, the matter was called on 01.12.2021 and 20.12.2021, when there was no representation on

behalf of the operational creditor.

This is the third occasion when there is no representation behalf of the operational creditor. It appears that the operational creditor is not interested in

pursuing the company petition and therefore same be dismissed for non-prosecution.

File be consigned to the records. Â Â Â Â Â

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