# In the matter of Axiss Dental Pvt. Ltd. IB-625-PB-2020

> NCLT judgment dated 2022-03-08. Citation: TCN-2022-NCLT-03855. The case pertains to a matter before the National Company Law Tribunal (NCLT), New Delhi,…

- **Court:** NCLT
- **Order date:** 8 Mar 2022
- **Citation:** TCN-2022-NCLT-03855
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/axiss-dental-pvt-ltd-ib-625-pb-2020-0e8c85fb

## Summary

### Background

The case pertains to a matter before the National Company Law Tribunal (NCLT), New Delhi, specifically Court-V, which is a Special Bench. The case involves Pankaj Kumar as the applicant and Axiss Dental Pvt. Ltd. as the respondent. The matter is related to Section 9 of the Insolvency and Bankruptcy Code (IBC).

## Facts

Pankaj Kumar filed a petition against Axiss Dental Pvt. Ltd. under Section 9 of the IBC. The respondent's counsel appeared in court, but Pankaj Kumar was absent. The court noted that Pankaj Kumar had been absent for several previous hearings, as evidenced by a detailed order passed on 08.11.2021. Due to the petitioner's continued absence, the court dismissed the petition for default.

## Issues and analysis

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

**Ratio:** A petition can be dismissed for default if the petitioner fails to appear before the

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**Reasoning:** The court reasoned that the petitioner's repeated absence, as noted in the order dated

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**Interpretation:** The interpretation is that consistent absence by a petitioner can lead to the

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** ABNI RANJAN KUMAR…; L. N. G…
- **Appellants:** PANKAJ…
- **Respondents:** Axiss Dental Pvt.…

## Timeline

- **2021-11-08 — Previous…**: A detailed order was passed…
- **2022-03-08 — Order Del…**: The court dismissed the petition for…

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