# In the matter of Export Import Bank of India Vs. Resolution Professional, JEKPL Pvt. Ltd. Contempt Case (AT) No. 03-2018 In CA (AT) No. 304-2017

> NCLAT judgment dated 2018-02-21. Citation: TCN-2018-NCLAT-00371. The case pertains to Contempt Case (AT) No. 03 of 2018 in Company Appeal (AT) (Insolvency)…

- **Court:** NCLAT
- **Order date:** 21 Feb 2018
- **Citation:** TCN-2018-NCLAT-00371
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/export-import-bank-of-india-vs-resolution-professional-jekpl-pvt-ltd-contempt-ca-19f9e425

## Summary

### Background

The case pertains to Contempt Case (AT) No. 03 of 2018 in Company Appeal (AT) (Insolvency) 304 of 2017 before the National Company Law Appellate Tribunal (NCLAT), New Delhi. The matter involves Export Import Bank of India as the Appellant and Resolution Professional, JEKPL Pvt. Ltd. as the Respondent. The Respondent's counsel submitted that a show cause reply has been filed and requested additional time to file a further reply.

## Facts

The Export Import Bank of India is the Appellant in a case against the Resolution Professional, JEKPL Pvt. Ltd., who is the Respondent. The case is before the NCLAT. The Respondent filed a show cause reply and requested more time to file an additional reply. The Appellant requested time to file a rejoinder to both the show cause reply and any additional show cause reply. The court granted both requests, allowing one week for each filing. The matter was then scheduled for a hearing on March 7, 2018. The core issue revolves around the procedural aspects of filing replies and rejoinders in response to show cause notices within the context of an insolvency appeal.

## Issues and analysis

### Issue 1: Whether the Contemnor Respondent should be granted additional time to file an additional reply to …

**Ratio:** Courts have the discretion to grant parties reasonable time to prepare and present their

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**Reasoning:** The court considered the Respondent's submission that they required additional time to

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**Interpretation:** This reflects the principle of natural justice, which requires that parties be

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**Application:** The court applied this principle by granting the Respondent one week to file an

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Export-Import…
- **Respondents:** Resolution…

## Timeline

- **2018-02-21 — Hearing…**: Mr. Amrendra Saran, counsel for the Respondent, requested time to file an additional…
- **2018-03-07 — Next Hearin…**: The matter was posted for…

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