# In the matter of Magnum Sea Foods Ltd. Bhubaneswar vs. Adjudicating Authority, Cuttack & Anr. W.P.(C). No.6941 of 2023

> HC judgment dated 2023-03-13. Citation: TCN-2023-HC-00076. The case is before the High Court of Orissa at Cuttack, concerning W.P.(C) No. 6941 of 2023. Magnum…

- **Court:** HC
- **Order date:** 13 Mar 2023
- **Citation:** TCN-2023-HC-00076
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/magnum-sea-foods-ltd-bhubaneswar-vs-adjudicating-authority-cuttack-anr-wp-8ea659de

## Summary

### Background

The case is before the High Court of Orissa at Cuttack, concerning W.P.(C) No. 6941 of 2023. Magnum Sea Foods Ltd., Bhubaneswar, is the petitioner, and the Adjudicating Authority, Cuttack & Anr. is the opposite party. The court is considering the matter of admission.

## Facts

Magnum Sea Foods Ltd., Bhubaneswar, filed a Writ Petition (Civil) No. 6941 of 2023 before the High Court of Orissa at Cuttack against the Adjudicating Authority, Cuttack & Anr. The court issued a notice to the opposite party regarding the question of admission, requiring it to be sent by speed post/registered post with A.D. and fixing a short returnable date. The court also accepted one set of process fee and directed a stay on the proceedings in CP (IB) No-20/CB/2022 pending before the National Company Law Tribunal, Cuttack Bench. This stay is an interim measure pending further proceedings.

## Issues and analysis

### Issue 1: Whether notice should be issued to the opposite …

**Ratio:** The court has the power to issue notices to parties to ensure they are informed of the

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**Reasoning:** Issuing notice ensures that all parties are aware of the proceedings and can present

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**Interpretation:** The issuance of notice is a fundamental aspect of procedural fairness, ensuring

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**Application:** The court applied this principle by directing the issuance of notice to the

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## Parties

- **Judges:** Biswanath…
- **Appellants:** Magnum Sea Foods…
- **Respondents:** Adjudicating…
- **Other parties:** Kohi…

## Timeline

- **2023-03-13 — Order Da…**: Court issued notice to the opposite party regarding admission and stayed proceedings in…

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