# In the matter of Abhishek Singh vs. Yoginkumar Ashokbhai Patel and Anr.

> NCLAT judgment dated 2025-08-08. Citation: TCN-2025-NCLAT-00452. The appeal was filed against an order dated 24.09.2024 passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 8 Aug 2025
- **Citation:** TCN-2025-NCLAT-00452
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/abhishek-singh-vs-yoginkumar-ashokbhai-patel-and-anr-0b537377

## Summary

### Background

The appeal was filed against an order dated 24.09.2024 passed by the Adjudicating Authority (National Company Law Tribunal), Ahmedabad, admitting a Section 7 application filed by Respondent No. 1. The Corporate Debtor was unable to appear before the Adjudicating Authority, which proceeded ex-parte.

## Facts

The appeal was filed against the order of the Adjudicating Authority admitting Section 7 application.

The Corporate Debtor could not appear before the Adjudicating Authority, which proceeded ex-parte.

An interim order was passed on 26.09.2024, permitting the Appellant to deposit Rs.2,65,00,000/-.

The Company Petition was disposed of on 01.05.2024 and restored on 03.07.2024.

The Company Petition number was changed from CP (IB) No.129 of 2023 to RCP(IB)/5(AHM)2024 without notice to the Corporate Debtor.

The Financial Creditor is willing to accept the deposited amount with accrued interest to liquidate the dues and does not intend to proceed with the Section 7 application.

## Issues and analysis

### Issue 1: Whether the Corporate Debtor was given adequate opportunity to contest the Section 7 application …

**Ratio:** The Corporate Debtor was not

…

**Reasoning:** The Company Petition number was changed without notice to the Corporate Debtor,

…

**Interpretation:** The principles of natural justice require that a party be given adequate notice

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**Application:** In this case, the change in the Company Petition number without notice to the

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Abhishek…
- **Respondents:** Manpasand…; Yoginkumar…
- **Advocates:** Abhijeet…; Himanshu…; +7 more

## Timeline

- **2024-09-24 — Order Da…**: Order passed by the Adjudicating…
- **2024-09-26 — Interim…**: Interim order passed permitting the…

## 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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