# In the matter of Dauphin Cables Private Limited vs. Praveen Bansal

> NCLAT judgment dated 2023-09-11. Citation: TCN-2023-NCLAT-00216. The case involves an appeal against an order passed by the National Company Law Tribunal…

- **Court:** NCLAT
- **Order date:** 11 Sept 2023
- **Citation:** TCN-2023-NCLAT-00216
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/dauphin-cables-private-limited-vs-praveen-bansal-7330e85c

## Summary

### Background

The case involves an appeal against an order passed by the National Company Law Tribunal (NCLT), New Delhi, which directed the Resolution Professional (RP) to file documents in a sealed cover. The Corporate Insolvency Resolution Process (CIRP) was initiated against the Corporate Debtor, M/s Abloom Infotech Pvt. Ltd., based on an application under Section 7 of the Insolvency and Bankruptcy Code, 2016. The appellant, M/s Dauphin Cables Private Limited, filed an application (I.A. No. 5981 of 2022) seeking directions for the RP to provide documents and calculations related to the admitted claim of a Financial Creditor. The NCLT directed the RP to file an additional affidavit stating the claims admitted with supporting documents. Subsequently, the RP filed I.A. No. 1756 of

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## Facts

M/s Dauphin Cables Private Limited, the appellant, filed an appeal against an order dated 05.06.2023 passed by the National Company Law Tribunal (NCLT), New Delhi. The NCLT was deciding I.A. No. 1756 of 2023. The NCLT initiated the Corporate Insolvency Resolution Process (CIRP) against M/s Abloom Infotech Pvt. Ltd., the Corporate Debtor, based on an application under Section 7 of the Insolvency and Bankruptcy Code, 2016. DMI Finance Pvt. Ltd. filed the application. The appellant filed I.A. No. 5981 of 2022 seeking directions for the Resolution Professional to provide documents and calculations related to the admitted claim of a Financial Creditor. The NCLT directed the Resolution Professional to file an additional affidavit stating the claims admitted with supporting

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in allowing the Resolution Professional to file documents …

**Ratio:** The Adjudicating Authority is empowered under Rule 43 of the NCLT Rules, 2016, to call

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**Reasoning:** The court reasoned that the Adjudicating Authority's power to call for information under

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**Interpretation:** The court interpreted Rule 43 of the NCLT Rules as granting broad powers to the

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**Application:** The court applied the ratio to the facts of the case, noting that the

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** M/s Dauphin…
- **Respondents:** M/S Abloom…; Praveen B…

## Timeline

- **2021-03-11 — Order by DMI Finance…**: DMI Finance Pvt. Ltd. filed an…
- **2022-01-01 — I.A. No. 5981…**: I.A. No. 5981 of 2022 was filed by 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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