# In the matter of Abhishek Jaiswal Vs. Raj Process Equipments & Systems Pvt. Ltd. & Anr CA(AT)(Insolvency) No. 316-2019

> NCLAT judgment dated 2019-08-02. Citation: TCN-2019-NCLAT-00387. The case involves an appeal against an order by the Adjudicating Authority (National Company…

- **Court:** NCLAT
- **Order date:** 2 Aug 2019
- **Citation:** TCN-2019-NCLAT-00387
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/abhishek-jaiswal-vs-raj-process-equipments-systems-pvt-ltd-anr-ca-cf0bd38e

## Summary

### Background

The case involves an appeal against an order by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, which admitted an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, preferred by Raj Process Equipments and Systems Pvt. Ltd. The appellant, Mr. Abhishek Jaiswal, shareholder of Welcome Distilleries Private Limited, challenged the order. The Adjudicating Authority passed the impugned order without issuing notice to the Corporate Debtor. Parties have reached a settlement.

## Facts

Mr. Abhishek Jaiswal, a shareholder of Welcome Distilleries Private Limited (the Corporate Debtor), appealed against an order dated March 6, 2019, by the Adjudicating Authority (NCLT), Mumbai Bench. The order admitted an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, filed by Raj Process Equipments and Systems Pvt. Ltd. (Operational Creditor). The Corporate Debtor claimed that no notice was issued or served by the Operational Creditor or the Adjudicating Authority before the admission of the application. The parties reached a settlement, formalized in a Settlement Deed dated July 10, 2019. The Resolution Professional did not appear before the appellate tribunal. The Corporate Debtor did not dispute the lack of notice. The Adjudicating

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## Issues and analysis

### Issue 1: Whether the order passed by the Adjudicating Authority on March 6, 2019, was in violation of the …

**Ratio:** The principle of natural justice requires that a party must be given an opportunity to be

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**Reasoning:** The court noted that the impugned order was passed without issuing notice to the

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**Interpretation:** The interpretation of natural justice requires that all parties affected by a

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**Application:** In this case, the Adjudicating Authority's failure to issue notice to the

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +1 more
- **Appellants:** Abhishek J…
- **Respondents:** Welcome Distilleri…; M/s Raj Process…

## Timeline

- **2019-03-06 — Order by Adjudicating…**: The Adjudicating Authority (NCLT), Mumbai Bench, admitted the application under Section 9…
- **2019-05-02 — Counsel for Respondent…**: Counsel for the Respondent appeared and submitted that the Appellant agreed to handover…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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