# In the matter of Goutam Kumar Sahoo Vs Rajkumar Dey & Ors

> NCLAT judgment dated 2024-08-23. Citation: TCN-2024-NCLAT-00243. The appeal arises from a judgement dated July 6, 2023, by the National Company Law Tribunal…

- **Court:** NCLAT
- **Order date:** 23 Aug 2024
- **Citation:** TCN-2024-NCLAT-00243
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/goutam-kumar-sahoo-vs-rajkumar-dey-ors-206e57e9

## Summary

### Background

The appeal arises from a judgement dated July 6, 2023, by the National Company Law Tribunal (NCLT), Kolkata Bench, in Company Petition (IB) No. 324/KB/2022. The NCLT admitted a petition under Section 7 of the Insolvency and Bankruptcy Code (IBC) filed by Home Buyers. The appellant contested the NCLT's order, arguing that proper notice of the petition was not served, prejudicing their case and violating natural justice principles. The respondent filed an affidavit showing summons were sent twice by the NCLT to the appellant's registered office and emails were sent to the appellant's email ID from the MCA website. The appellant argued that their email ID was different during the relevant period. The corporate debtor was to deliver flats within 24 months, which lapsed in

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## Facts

The National Company Law Tribunal (NCLT), Kolkata Bench, admitted a company petition (CP(IB) No.324/KB/2022) under Section 7 of the Insolvency and Bankruptcy Code (IBC) filed by Home Buyers against a Corporate Debtor. The total claim in default was Rs.3,80,34,952.90. The appellant argued that they did not receive proper notice of the petition, which prejudiced their case. The respondent provided evidence that summons were sent twice to the appellant's registered office and emails were sent to the appellant's email ID as listed on the MCA website. The appellant claimed their email ID was different during the relevant period. The appellant also argued that the 24-month period for delivery of flats had lapsed in 2020, making the Section 7 petition not maintainable under

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## Issues and analysis

### Issue 1: Whether proper notice of the petition was …

**Ratio:** Sufficient service of notice is a prerequisite for a fair hearing and adherence to the

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**Reasoning:** The court considered the respondent's affidavit showing that summons were sent twice to

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**Interpretation:** The court interpreted the requirements for service of notice to include both

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**Application:** The court applied the principle of sufficient service by finding that the

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## Parties

- **Judges:** Yogesh K…; Indevar P…
- **Appellants:** Goutam Kuma…
- **Respondents:** Rajkumar Dey/Asha…

## Timeline

- **2023-07-06 — NCLT Ord…**: National Company Law Tribunal, Kolkata Bench, passed an order in Company Petition (IB)…
- **2022-11-18 — Company Petiti…**: The company petition was filed under Section 7 of the Code before the National Company…

## 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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