# In the matter of Saxena Marine Tech Pv.t Ltd. C.P. No.(IB)3816 (MB)-2018

> NCLT judgment dated 2019-03-25. Citation: TCN-2019-NCLT-04362. The case pertains to C.P. No. (IB)3816 (MB)/2018 before the Mumbai Bench of the National…

- **Court:** NCLT
- **Order date:** 25 Mar 2019
- **Citation:** TCN-2019-NCLT-04362
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/saxena-marine-tech-pvt-ltd-cp-noib3816-mb-2018-0c3d4e7d

## Summary

### Background

The case pertains to C.P. No. (IB)3816 (MB)/2018 before the Mumbai Bench of the National Company Law Tribunal (NCLT). The order sheet indicates a hearing was held on March 25, 2019. The parties involved are TP Logistics Pvt Ltd as the applicant and Saxena Marine Tech Pvt Ltd as the respondent.

## Facts

The case involves a petition filed under C.P. No. (IB)3816 (MB)/2018 before the Mumbai Bench of the National Company Law Tribunal. The applicant is TP Logistics Pvt Ltd, and the respondent is Saxena Marine Tech Pvt Ltd. The hearing took place on March 25, 2019. Crucially, no one represented either the applicant or the respondent during the hearing. As a direct consequence of this lack of representation, the NCLT dismissed the petition in default.

## Issues and analysis

### Issue 1: Whether the petition should be dismissed due to the …

**Ratio:** A petition can be dismissed if neither

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**Reasoning:** The court reasoned that since neither party was present or represented, it was

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**Interpretation:** This interpretation highlights the importance of parties being present or

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**Application:** In this case, since neither TP Logistics Pvt Ltd nor Saxena Marine Tech Pvt Ltd

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## Parties

- **Judges:** V. P. S…; RavikumarDu…
- **Appellants:** TP Logistics Pvt…
- **Respondents:** Saxena Marine…

## Timeline

- **2019-03-25 — Hearing…**: Hearing of Mumbai Bench of the…

## 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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