# In the matter of Davinder Kumar Singhal Director (Power Suspended) Of Medinnbelle Herbal Care Pvt. Ltd. Vs, Sanjay Chetwani & Anr. Company Appea (AT (Ins.) No. 1088 of 2021

> NCLAT judgment dated 23 Dec 2021. Citation: TCN-2021-NCLAT-00002. The case pertains to Company Appeal (AT) (Ins) No.1088 of 2021 before the National Company…

- **Court:** NCLAT
- **Order date:** 23 Dec 2021
- **Citation:** TCN-2021-NCLAT-00002
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/davinder-kumar-singhal-director-power-suspended-of-medinnbelle-herbal-care-pvt-l-e40ff990

## Summary

### Background

The case pertains to Company Appeal (AT) (Ins) No.1088 of 2021 before the National Company Law Appellate Tribunal, Principal Bench, New Delhi. Davinder Kumar Singhal, Director (Power Suspended) of Medinnbelle Herbal Care Pvt. Ltd., is the Appellant, and Sanjay Kumar Chetwani & Anr. are the Respondents. The appeal arises in the context of an Impugned Judgement dated 14.12.2021 passed by the National Company Law Tribunal, New Delhi Bench.

## Facts

Davinder Kumar Singhal, in the capacity of Director (Power Suspended) of Medinnbelle Herbal Care Pvt. Ltd., has filed an appeal against Sanjay Kumar Chetwani & Anr. The appeal, designated as Company Appeal (AT) (Ins) No.1088 of 2021, is before the National Company Law Appellate Tribunal, Principal Bench, New Delhi. The appeal stems from an Impugned Judgement dated 14.12.2021 passed by the National Company Law Tribunal, New Delhi Bench. The court has issued an order to issue notice to the respondents, contingent upon the appellant fulfilling certain procedural requirements, including the filing of the process fee and providing the respondents' email addresses. As an interim measure, the court has directed that the Committee of Creditors shall not be constituted. The

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## Issues and analysis

### Issue 1: Whether notice should be issued to the …

**Ratio:** The principle of natural justice requires that all parties to a dispute be given notice

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**Reasoning:** The court reasoned that issuing notice to the respondents is a necessary step to ensure

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**Interpretation:** The issuance of notice is interpreted as a fundamental requirement of due

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**Application:** The court applied the principle of natural justice by directing the issuance of

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## Parties

- **Judges:** Ashok Bh…; Alok Sriv…
- **Appellants:** Davinder Kumar…
- **Respondents:** Medinnbelle…; Sanjay Kumar…
- **Advocates:** Aditya M…; Aadarsh P…; +1 more

## Timeline

- **2021-12-14 — Impugned Judge…**: Date of the Impugned Judgement passed by the National Company Law Tribunal, New Delhi…
- **2021-12-23 — Order Da…**: Order issued to issue notice to the respondents and directing that the Committee of…

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