# In the matter of ESS DEE Aluminium Ltd. Vs. Cytech Coatings Pvt. Ltd. CA (AT) Nos. 453 & 455-2018

> NCLAT judgment dated 2018-08-16. Citation: TCN-2018-NCLAT-00144. The appellant challenged orders dated July 5th, 18th, and 25th, 2018, arguing the respondent…

- **Court:** NCLAT
- **Order date:** 16 Aug 2018
- **Citation:** TCN-2018-NCLAT-00144
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ess-dee-aluminium-ltd-vs-cytech-coatings-pvt-ltd-ca-6a9ef7f3

## Summary

### Background

The appellant challenged orders dated July 5th, 18th, and 25th, 2018, arguing the respondent admitted there was no 'Demand Notice' under Section 8(1) of the Insolvency and Bankruptcy Code, 2016, and the application under Section 9 was admitted ex-parte. The appellant contends that the admission of the application under Section 9 dated June 18th, 2018, is not under challenge.

## Facts

ESS DEE Aluminium Ltd. filed an appeal against Cytech Coatings Pvt. Ltd. The appellant challenged orders dated July 5th, 18th, and 25th, 2018, submitting that the respondent admitted there was no 'Demand Notice' under Section 8(1) of the Insolvency and Bankruptcy Code, 2016, and the application under Section 9 was admitted ex-parte. The appellant argued that the admission of the application under Section 9 dated June 18th, 2018, is not under challenge. The court considered the appellant's submission regarding the absence of a 'Demand Notice' under Section 8(1).

## Issues and analysis

### Issue 1: Whether the Appellate Tribunal should interfere with the order of admission of the application …

**Ratio:** An appellate court should not interfere with

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**Reasoning:** The court reasoned that the order of admission dated June 18th, 2018, was not under

…

**Interpretation:** This principle emphasizes the importance of respecting the scope of the appeal

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**Application:** Since the order of admission dated June 18th, 2018, was not under challenge,

…

## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** ESS DEE Aluminium…
- **Respondents:** Cytech Coatings…

## Timeline

- **2018-07-05 — Orders Chal…**: Orders dated 5th July, 2018, are…
- **2018-07-18 — Orders Chal…**: Orders dated 18th July, 2018, are…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8(1) — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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