# In the matter of Ami Ashutosh Majumdar vs. Omkara Assets Reconstruction Pvt. Ltd. & Anr.

> NCLAT judgment dated 2023-09-01. Citation: TCN-2023-NCLAT-00230. 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-00230
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ami-ashutosh-majumdar-vs-omkara-assets-reconstruction-pvt-ltd-anr-09a281dc

## 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 filed by the Financial Creditor and admitted the application. The Adjudicating Authority had initially directed the petitioner to issue notice to the respondent regarding the filing of the company petition and to file a reply within two weeks. The appellant contends that they were not given sufficient opportunity to file a reply.

## Facts

The Financial Creditor filed a Section 7 application. The Adjudicating Authority directed the petitioner to issue notice to the respondent regarding the filing of the company petition and to file a reply within two weeks. The Financial Creditor sent a letter dated 01.10.2022 to the appellant informing that 15.11.2022 is the date of appearance. The registry also sent a communication dated 31.10.2022, which was received on 04.11.2022, along with a letter dated 31.10.2022 sent by the registry, and a copy of the order dated 28.09.2022 was also sent. 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 was delivered admitting the Section 7 application on 06.12.2022. The

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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 parties should be given a reasonable opportunity to present their

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**Reasoning:** The Tribunal reasoned that since the notice by the registry was received and served on

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**Interpretation:** This issue concerns the interpretation of procedural fairness and the right to

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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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 on Section 7 application filed by the Financial…
- **2022-10-01 — Letter from Financial…**: Financial Creditor sent a letter to the appellant informing that 15.11.2022 is the date…

## 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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