# In the matter of Akash Deep Suspended Director Of Khati Solutions Pvt. Ltd. Vs Evlion Technologies Pvt. Ltd. & Anr

> NCLAT judgment dated 2023-12-05. Citation: TCN-2023-NCLAT-00058. The case involves an appeal against an order by the Adjudicating Authority admitting a…

- **Court:** NCLAT
- **Order date:** 5 Dec 2023
- **Citation:** TCN-2023-NCLAT-00058
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/akash-deep-suspended-director-of-khati-solutions-pvt-ltd-vs-evlion-technologies-95050bfa

## Summary

### Background

The case involves an appeal against an order by the Adjudicating Authority admitting a Section 9 application under the Insolvency and Bankruptcy Code (IBC). The appellant, Akash Deep, the suspended director of Khati Solutions Pvt. Ltd., contends that the order was passed ex-parte because neither the demand notice nor the application under Section 9 was served to him. The appellant also claims that the order was based on a proforma invoice for 250 battery packs that were never delivered to the Corporate Debtor. Furthermore, he alleges defects in earlier deliveries of 250 battery packs, although payment had already been made.

## Facts

Akash Deep, the suspended director of Khati Solutions Pvt. Ltd., is the appellant in this case. The appeal challenges an order by the Adjudicating Authority that admitted a Section 9 application against Khati Solutions Pvt. Ltd. Akash Deep claims that the order was ex-parte because he was not served with either the demand notice or the Section 9 application. He also asserts that the order was based on a proforma invoice for 250 battery packs that were never delivered to the Corporate Debtor. He further claims that earlier deliveries of 250 battery packs had defects, although payment had already been made. The Adjudicating Authority's order is dated 09.11.2023. The appellant seeks to introduce additional documents on record.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority's order admitting the Section 9 application is valid, …

**Ratio:** The principle of natural justice requires that parties be given adequate notice and

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**Reasoning:** The court needs to determine whether the appellant was indeed served with the demand

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**Interpretation:** The interpretation of Section 9 of the IBC requires strict compliance with the

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**Application:** If the court finds that the appellant was not served with the demand notice and

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Akash…
- **Respondents:** Khati Solutions…; Evlion Technologie…
- **Advocates:** Virender…

## Timeline

- **2023-11-09 — Order Da…**: Date of the order against…
- **2023-12-05 — Hearing…**: Learned counsel for the Appellant submits that order by the Adjudicating Authority…

## 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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