# In the matter of Kamal K. Singh Vs. Union of India and Ors. Writ Petition (L) No. 3250 OF 2019

> HC judgment dated 2019-11-29. Citation: TCN-2019-HC-00005. This writ petition challenges an order passed by the National Company Law Tribunal (NCLT), Mumbai,…

- **Court:** HC
- **Order date:** 29 Nov 2019
- **Citation:** TCN-2019-HC-00005
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-chandigarh-bench/kamal-k-singh-vs-union-of-india-and-ors-writ-petition-88562c2e

## Summary

### Background

This writ petition challenges an order passed by the National Company Law Tribunal (NCLT), Mumbai, initiating Corporate Insolvency Resolution Process (CIRP) against Rolta India Limited. The petitioner, Kamal K. Singh, is the Chairman and Managing Director of Rolta India Limited. The petition argues that the NCLT order was passed in violation of the principles of natural justice and procedural rules, specifically concerning the pronouncement of the order.

## Facts

1. Kamal K. Singh, Chairman and Managing Director of Rolta India Limited, filed a writ petition challenging an order of the NCLT, Mumbai, initiating CIRP against Rolta India Limited.
2. Value Partners Greater China High Yield Fund and Pinpoint Multi Strategh Fund, financial creditors, filed an application under Section 7 of the IBC to initiate CIRP against Rolta India Limited.
3. The NCLT, Mumbai, passed an order on October 22, 2019, admitting the application and initiating CIRP.
4. The petitioner alleges that the NCLT order was not pronounced in accordance with the National Company Law Tribunal Rules, 2016.
5. The petitioner claims that the order was not listed for pronouncement, and the advocates for Rolta India Limited were present before the Bench, but the insolvency

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## Issues and analysis

### Issue 1: Whether the NCLT order initiating CIRP against Rolta India Limited is valid, considering the …

**Ratio:** The pronouncement of a judicial order is a solemn act that carries with it serious

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**Reasoning:** The High Court reasoned that the NCLT Rules, specifically Rules 150 to 152, require the

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**Interpretation:** The court interpreted the NCLT Rules to mandate the pronouncement of orders,

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**Application:** The High Court applied the ratio to the facts of the case, finding that the

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## Parties

- **Judges:** S.C. DHARMA…; R.I. CH…
- **Appellants:** KAMAL K.…
- **Respondents:** Rolta Indi…; Union of…

## Timeline

- **2018-11-14 — Applicatio…**: Application filed under Section 7 of I&B Code, 2016 by Value Partners Greater China High…
- **2019-08-20 — Arguments Co…**: Arguments were concluded and the matter was…

## 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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