# In the matter of Surendra Sabbineni Vs. Siemens Financial Services Pvt Ltd, W. P. (C) No. 11690/2022

> HC judgment dated 2022-05-16. Citation: TCN-2022-HC-00043. The case involves a writ petition filed by Surendra Sabbineni against Siemens Financial Services…

- **Court:** HC
- **Order date:** 16 May 2022
- **Citation:** TCN-2022-HC-00043
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/surendra-sabbineni-vs-siemens-financial-services-pvt-ltd-w-p-78c09c90

## Summary

### Background

The case involves a writ petition filed by Surendra Sabbineni against Siemens Financial Services Pvt. Ltd. and another, challenging an order passed by the National Company Law Tribunal (NCLT), Cuttack Bench. The NCLT order, dated March 23, 2022, was made in an application under section 95 of the Insolvency and Bankruptcy Code, 2016, initiated by the bank against the petitioner for insolvency proceedings. The petitioner contends that the order was passed without notice and violates principles of natural justice.

## Facts

Surendra Sabbineni filed a writ petition against Siemens Financial Services Pvt. Ltd. challenging an order by NCLT Cuttack. The NCLT order, dated March 23, 2022, was issued under Section 95 of the Insolvency and Bankruptcy Code, 2016, initiating insolvency proceedings against Sabbineni based on an application by Siemens Financial Services. Sabbineni claims the order was ex-parte and violated natural justice principles. The NCLT order appointed Mr. Umesh Chandra Sahoo as the Resolution Professional (RP) under Section 97, based on the proposal of Siemens Financial Services. The High Court is examining whether Section 97 allows the adjudicating authority to appoint an RP solely based on the creditor's proposal. The impugned order is stayed until the next hearing.

## Issues and analysis

### Issue 1: Whether the NCLT order dated 23rd March, 2022, initiating insolvency proceedings against the …

**Ratio:** The principles of natural justice require that a party be given notice and an opportunity

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**Reasoning:** The petitioner claims that the NCLT order was made ex-parte and without notice, violating

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**Interpretation:** The interpretation of the principles of natural justice requires a fair hearing

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**Application:** If the NCLT order was indeed made without notice to the petitioner, it may be

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## Parties

- **Judges:** Arindam…
- **Appellants:** Surendra Sa…
- **Respondents:** Siemens Financial…

## Timeline

- **2022-03-23 — NCLT Ord…**: NCLT, Cuttack Bench, passed an order under section 95 of the Insolvency and Bankruptcy…
- **2022-05-16 — High Court…**: The High Court issued a stay on the NCLT order and directed notice to be served on the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 95 — Application by creditor to initiate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-95)

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