# In the matter of Govind Singh vs. Naina Rajkumar Bansal & Anr.

> NCLAT judgment dated 2022-07-27. Citation: TCN-2022-NCLAT-00323. The appeal was filed against the order dated 10.12.2021 passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 27 Jul 2022
- **Citation:** TCN-2022-NCLAT-00323
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/govind-singh-vs-naina-rajkumar-bansal-anr-4f171c30

## Summary

### Background

The appeal was filed against the order dated 10.12.2021 passed by the Adjudicating Authority (National Company Law Tribunal, New Delhi) which admitted an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, while proceeding ex-parte against the Corporate Debtor and appointing an Interim Resolution Professional. The Corporate Debtor contended that it was wrongly proceeded against ex-parte and that the Adjudicating Authority lacked jurisdiction to entertain the application.

## Facts

Govind Singh filed an appeal against the order dated 10.12.2021 passed by the Adjudicating Authority (National Company Law Tribunal, New Delhi) which admitted an application under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Adjudicating Authority proceeded ex-parte against the Corporate Debtor and appointed an Interim Resolution Professional. The Corporate Debtor argued that it was wrongly proceeded against ex-parte and that the Adjudicating Authority lacked jurisdiction to entertain the application. The Appellant claimed that the adjournment date was incorrectly noted in his diary and that the order was not served. The Respondent argued that the Appellant was properly served and that the amendment to Section 4 of the Code, which increased the threshold

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## Issues and analysis

### Issue 1: Whether the Appellant was wrongly proceeded …

**Ratio:** The principle is that if a party has been duly served and has appeared before the

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**Reasoning:** The court found that the Appellant had already appeared before the Adjudicating Authority

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**Interpretation:** This issue concerns the procedural fairness of the proceedings and whether the

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**Application:** The court applied the principle to the facts by noting that the Appellant had

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## Parties

- **Judges:** Rakesh Kuma…; Kanthi Na…; +2 more
- **Appellants:** Govind…
- **Respondents:** Naina Rajkumar…
- **Advocates:** Sanjay…; Manish Kumar…; +3 more

## Timeline

- **2021-12-10 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal, New Delhi) passed an order…
- **2020-03-24 — Amendment to Section 4…**: The amendment to Section 4 of the Insolvency and Bankruptcy Code, 2016, was brought,…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 14 — Moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-14)

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