# In the matter of Gursimran Singh, Director of Downtown Temptations Pvt. Ltd. Vs. Indiabulls Housing Finance Pvt. Ltd. CA (AT) No. 733-2018

> NCLAT judgment dated 2018-12-20. Citation: TCN-2018-NCLAT-00006. Gursimran Singh, Director of M/s Downtown Temptations Pvt. Ltd. (Corporate Debtor), filed an…

- **Court:** NCLAT
- **Order date:** 20 Dec 2018
- **Citation:** TCN-2018-NCLAT-00006
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/gursimran-singh-director-of-downtown-temptations-pvt-ltd-vs-indiabulls-housing-f-697c3f42

## Summary

### Background

Gursimran Singh, Director of M/s Downtown Temptations Pvt. Ltd. (Corporate Debtor), filed an appeal against the order dated 28th September 2018 passed by the Adjudicating Authority (National Company Law Tribunal), Kolkata bench, Kolkata. The Adjudicating Authority had admitted an application under Section 7 of the Insolvency and Bankruptcy Code (IBC) preferred by Indiabulls Housing Finance Ltd. (Financial Creditor).

## Facts

Gursimran Singh, Director of M/s Downtown Temptations Pvt. Ltd., filed an appeal against an order passed by the Adjudicating Authority (NCLT), Kolkata, on September 28, 2018. The NCLT had admitted an application under Section 7 of the IBC filed by Indiabulls Housing Finance Ltd., the Financial Creditor. The appellant argued that no notice was served to the Corporate Debtor by the Adjudicating Authority. The appellant further submitted that a settlement had been reached between the parties, evidenced by a Settlement Letter dated November 28, 2018, and part payment had been made. The Financial Creditor claimed that notice for admission was served upon the Corporate Debtor and filed an affidavit of service. The NCLAT found that no notice was issued to the Corporate Debtor

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority's order admitting the application under Section 7 of the IBC is …

**Ratio:** The principle of natural justice requires that a party be given an opportunity to be

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**Reasoning:** The NCLAT found that no notice was issued by the Adjudicating Authority to the Corporate

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**Interpretation:** The interpretation of the principle of natural justice requires that all

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**Application:** In this case, the failure to serve notice on the Corporate Debtor before

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Gursimran…
- **Respondents:** M/s Downtown…; Indiabulls…
- **Advocates:** Mohit Cha…; Garima S…; +2 more

## Timeline

- **2018-09-28 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), Kolkata bench, passed an…
- **2018-11-28 — Settlement…**: Parties entered into a settlement by Settlement Letter dated 28th November, 2018, and…

## 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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