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

> NCLAT judgment dated 2022-12-12. Citation: TCN-2022-NCLAT-00037. The case involves an appeal against the Adjudicating Authority's decision to admit a Section…

- **Court:** NCLAT
- **Order date:** 12 Dec 2022
- **Citation:** TCN-2022-NCLAT-00037
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ami-ashutosh-majumdar-vs-omkara-asset-reconstruction-pvt-ltd-9e1ff2cb

## Summary

### Background

The case involves an appeal against the Adjudicating Authority's decision to admit a Section 7 application under the Insolvency and Bankruptcy Code (IBC). The Adjudicating Authority proceeded ex-parte on 2022-11-15 and admitted the Section 7 application on 2022-12-06. The appellant claims they could not appear or file a reply. An interim moratorium was declared under a Section 95 application on 2022-10-14.

## Facts

The Adjudicating Authority proceeded ex-parte on 2022-11-15 and admitted a Section 7 application on 2022-12-06. The appellant claims they were unable to appear or file a reply. An interim moratorium was declared under Section 95 on 2022-10-14. The appellant argues that the Section 7 application should not have been admitted after the interim moratorium was declared. The court issued notices to the respondents, allowing them time to file replies. The case is listed for further hearing on 2023-01-23.

## Parties

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

## Timeline

- **2022-10-14 — Interim Moratorium…**: Interim moratorium declared…
- **2022-11-15 — Ex-parte Pro…**: Adjudicating Authority…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/ami-ashutosh-majumdar-vs-omkara-asset-reconstruction-pvt-ltd-9e1ff2cb