# In the matter of Akash Deep Suspended Director Of Khati Solutions Private Limited Vs Evlion Technologies Private Limited

> NCLAT judgment dated 2024-09-09. Citation: TCN-2024-NCLAT-00733. The appeal was filed against the order passed by the Adjudicating Authority on 09.11.2023,…

- **Court:** NCLAT
- **Order date:** 9 Sept 2024
- **Citation:** TCN-2024-NCLAT-00733
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/akash-deep-suspended-director-of-khati-solutions-private-limited-vs-evlion-techn-0d11ec41

## Summary

### Background

The appeal was filed against the order passed by the Adjudicating Authority on 09.11.2023, which admitted a Section 9 application filed by the Respondent Operational Creditor.

## Facts

The appeal was filed against the order of the Adjudicating Authority dated 09.11.2023 admitting a Section 9 application.

The Appellant argued that the claimed amount was based on Proforma Invoices, with only two Tax invoices issued for smaller amounts.

The Appellant claimed a pre-existing dispute and improper service of notices.

The Tribunal issued notices to the Respondent by publication.

The Tribunal set aside the order and remitted the matter for fresh consideration.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority's order …

**Ratio:** The Tribunal found it appropriate to set aside the order and remit the matter for fresh

…

**Reasoning:** The Tribunal considered the submissions of the Appellant's counsel and the fact that the

…

**Interpretation:** The Tribunal interpreted the facts to warrant a fresh consideration of the

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**Application:** The Tribunal applied its discretion to set

…

## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Akash…
- **Respondents:** Khati Solutions…; Evlion Technologie…
- **Other parties:** IRP…
- **Advocates:** Vishal…; Ayandeb…; +1 more

## Timeline

- **2023-11-09 — Order by Adjudicating…**: The Adjudicating Authority passed an order admitting a Section 9 application filed by the…
- **2024-04-18 — Permission for…**: The Appellant was permitted to take steps for service of notice by publication in two…

## 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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