# 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-04365. 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-04365
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/saxena-marine-tech-pvt-ltd-cp-noib3816-mb-2018-16aea9d0

## 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 matter involves TP Logistics Pvt Ltd as the applicant and Saxena Marine Tech Pvt Ltd as the respondent. The case is related to Section 9 of the Insolvency and Bankruptcy Code, 2016.

## Facts

The case involves TP Logistics Pvt Ltd as the applicant and Saxena Marine Tech Pvt Ltd as the respondent in a matter filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The hearing took place before the Mumbai Bench of the National Company Law Tribunal (NCLT). Neither party was represented during the hearing. As a result of the absence of both parties, the NCLT dismissed the petition in default.

## Issues and analysis

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

**Ratio:** A court or tribunal may dismiss a case if neither party appears or prosecutes/defends the

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**Reasoning:** The NCLT dismissed the petition because neither TP Logistics Pvt Ltd nor Saxena Marine

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**Interpretation:** The principle is that courts and tribunals have the discretion to dismiss cases

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**Application:** In this specific case, the absence of both TP Logistics Pvt Ltd and Saxena

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## Parties

- **Judges:** V. P. S…; Ravikumar…; +1 more
- **Appellants:** TP Logistics Pvt…
- **Respondents:** Saxena Marine…

## Timeline

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

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