# In the matter of DCB Bank vs. Simplex Projects Ltd. Through Its RP Sutanu Sinha

> NCLAT judgment dated 2024-04-19. Citation: TCN-2024-NCLAT-00498. This is a Company Appeal (AT) (Insolvency) No. 642 of 2024 filed by DCB Bank against an order…

- **Court:** NCLAT
- **Order date:** 19 Apr 2024
- **Citation:** TCN-2024-NCLAT-00498
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/dcb-bank-vs-simplex-projects-ltd-through-its-rp-sutanu-sinha-62f2ef91

## Summary

### Background

This is a Company Appeal (AT) (Insolvency) No. 642 of 2024 filed by DCB Bank against an order dated 30.01.2024 passed by the National Company Law Tribunal (NCLT), Kolkata Bench, Kolkata, in I.A. (IBC)/909(KB)2023. The I.A. was filed by the Resolution Professional (RP) of Simplex Projects Ltd. The NCLT order directed DCB Bank to refund certain money. The appeal challenges this order, arguing that the Adjudicating Authority did not consider the bank's reply before issuing the directions for refund.

## Facts

The Resolution Professional (RP) of Simplex Projects Ltd. filed an I.A. (IBC)/909(KB)2023 before the National Company Law Tribunal (NCLT), Kolkata Bench. The NCLT passed an order on 30.01.2024 directing DCB Bank to refund the entire money against the first five entries starting from 28.04.2022 and ending on 10.06.2022. DCB Bank filed a reply to the I.A. but the NCLT issued the directions without considering the reply. DCB Bank then filed an appeal before the National Company Law Appellate Tribunal (NCLAT) challenging the order of the NCLT. The NCLT had also listed the matter for arguments on 05.03.2024 and subsequently on 22.04.2024.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority (NCLT) erred in directing DCB Bank to refund money without …

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

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**Reasoning:** The NCLAT observed that the NCLT had directed the refund of money without noticing or

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**Interpretation:** The interpretation is that an adjudicating authority must consider all relevant

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**Application:** In this case, the NCLAT applied the principle by setting aside the NCLT's order

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** DCB B…
- **Respondents:** Simplex Projects…

## Timeline

- **2024-01-30 — Impugned…**: The Learned Adjudicating Authority (National Company Law Tribunal, Kolkata Bench,…
- **2024-04-19 — Hearing by…**: The National Company Law Appellate Tribunal…

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