# In the matter of Ami Ashutosh Majumdar Vs Omkara Asset Reconstruction Pvt. Ltd.

> NCLAT judgment dated 2023-09-01. Citation: TCN-2023-NCLAT-00223. This is an appeal against the order dated 06.12.2022 passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 1 Sept 2023
- **Citation:** TCN-2023-NCLAT-00223
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ami-ashutosh-majumdar-vs-omkara-asset-reconstruction-pvt-ltd-446b7dd2

## Summary

### Background

This is an appeal against the order dated 06.12.2022 passed by the Adjudicating Authority (National Company Law Tribunal, Mumbai Bench, Court-III), which proceeded ex-parte on a Section 7 application against the respondent and admitted the Section 7 application. The Financial Creditor had filed the Section 7 application, and an order was passed by the Adjudicating Authority on 28.09.2022 directing the issuance of notice to the respondent. The appellant contends that the Adjudicating Authority ought to have given one opportunity to file a reply.

## Facts

The Financial Creditor filed a Section 7 application. The Adjudicating Authority directed the issuance of notice to the respondent (Corporate Debtor) on 28.09.2022. The Financial Creditor sent a letter dated 01.10.2022 to the appellant informing them that 15.11.2022 was the date of appearance. The registry also sent a communication dated 31.10.2022, received on 04.11.2022, along with a copy of the order dated 28.09.2022. The Adjudicating Authority allowed two weeks to file a reply after receipt of the notice. On 15.11.2022, no one appeared on behalf of the Corporate Debtor, and the Adjudicating Authority proceeded ex-parte and reserved the order. The order admitting the Section 7 application was delivered on 06.12.2022. The appellant contends that the time to file a

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority was justified in proceeding ex-parte against the Corporate …

**Ratio:** The principle is that the Adjudicating Authority should provide sufficient opportunity to

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**Reasoning:** The NCLAT reasoned that the notice by the registry was received and served on 04.11.2022,

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**Interpretation:** This highlights the importance of adhering to the principles of natural justice

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**Application:** In this case, since the notice was received on 04.11.2022, and the date of

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Ami Ashutosh…
- **Respondents:** Omkara Assets…

## Timeline

- **2022-09-28 — Order by Adjudicating…**: Adjudicating Authority passed an order directing…
- **2022-10-01 — Letter from Financial…**: Financial Creditor sent a letter to the appellant informing them that 15.11.2022 is 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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