# In the matter of GP Capt Atul Jain Vs. National Company Law Appellate Tribunal CM (M) 165-2021

> HC judgment dated 2021-01-26. Citation: TCN-2021-HC-00035. The case involves a petition filed by GP Capt Atul Jain against the National Company Law Appellate…

- **Court:** HC
- **Order date:** 26 Jan 2021
- **Citation:** TCN-2021-HC-00035
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-chandigarh-bench/gp-capt-atul-jain-vs-national-company-law-appellate-tribunal-cm-ab6eac42

## Summary

### Background

The case involves a petition filed by GP Capt Atul Jain against the National Company Law Appellate Tribunal (NCLAT). The petitioner expressed grievances against the NCLT and NCLAT, alleging the adoption of wrong procedures by these tribunals. The petitioner drafted the petition himself, which included slang language deemed inappropriate for court pleadings.

## Facts

GP Capt Atul Jain filed a petition against the NCLAT, raising concerns about the procedures adopted by the NCLT and NCLAT. The petitioner drafted the petition himself and included slang language, specifically the phrase 'Tom, Dick, and Harry,' in paragraph 6(f) to describe individuals who should not be allowed to represent respondents under Section 7 of the IBC. The court found this language inappropriate for court pleadings. The petitioner then sought to withdraw the petition, which the court allowed, granting him the liberty to avail of his remedies in accordance with the law. No costs were imposed as the petitioner appeared in person.

## Issues and analysis

### Issue 1: Whether the use of slang language in …

**Ratio:** Pleadings before the court must adhere to a standard of formality and respect. The use of

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**Reasoning:** The court found the use of the phrase 'Tom, Dick, and Harry' in the petition to be

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**Interpretation:** The interpretation is that legal documents and court proceedings require a

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**Application:** In this case, the petitioner's use of the phrase 'Tom, Dick, and Harry' was

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## Parties

- **Judges:** PRATHIBA M.…
- **Appellants:** GP CAPT ATU…

## Timeline

- **2021-02-26 — Order Da…**: The court dismissed the petition as withdrawn, granting the petitioner the liberty to…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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