# In the matter of AXL Lighting Ltd. C.P.(IB)-2481(MB)/2019

> NCLT judgment dated 2021-03-25. Citation: TCN-2021-NCLT-02563. The case pertains to a petition filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 25 Mar 2021
- **Citation:** TCN-2021-NCLT-02563
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/axl-lighting-ltd-cpib-2481mb2019-354be276

## Summary

### Background

The case pertains to a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The matter was listed for appearance of the petitioner and/or dismissal of the petition.

## Facts

Hindustan Power Instruments Pvt Ltd filed a petition against AXL Lighting Ltd under Section 9 of the Insolvency and Bankruptcy Code, 2016. The case was listed before the National Company Law Tribunal (NCLT), Mumbai Bench. On March 25, 2021, Mr. Karan Dogra, counsel for the respondent (AXL Lighting Ltd), was present. However, no one appeared on behalf of the petitioner (Hindustan Power Instruments Pvt Ltd). The court noted the petitioner's absence despite the listing of the matter for their appearance or for the dismissal of the petition. The court inferred that the petitioner was not interested in pursuing the case.

## Issues and analysis

### Issue 1: Whether the company petition should be dismissed due to the petitioner's absence and apparent lack …

**Ratio:** A court may dismiss a petition if the petitioner fails to appear or prosecute the case,

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**Reasoning:** The court reasoned that the petitioner's absence, despite the matter being listed for

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**Interpretation:** This interpretation aligns with the procedural norms that require parties to

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**Application:** In this case, the petitioner's absence led the court to apply the principle

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## Parties

- **Judges:** H.V. Subb…; Shyam Babu…
- **Appellants:** Hindustan Power…
- **Respondents:** AXL Lighti…

## Timeline

- **2021-03-25 — Hearing…**: Hearing of Mumbai Bench of the National Company Law Tribunal. Counsel for the respondent…

## 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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