# In the matter of GVRS Manian vs. R.Venkatakrishnan, Liquidator St. John Freight System Ltd. & Ors. IA Nos.116 & 117-2023 Company Appeal (AT)(CH)(Ins) No.31-2023

> NCLAT judgment dated 2023-02-15. Citation: TCN-2023-NCLAT-00719. The document pertains to Company Appeals filed under Section 61 of the Insolvency and…

- **Court:** NCLAT
- **Order date:** 15 Feb 2023
- **Citation:** TCN-2023-NCLAT-00719
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/gvrs-manian-vs-rvenkatakrishnan-liquidator-st-john-freight-system-ltd-ors-ia-nos-1931d350

## Summary

### Background

The document pertains to Company Appeals filed under Section 61 of the Insolvency and Bankruptcy Code, 2016, before the National Company Law Appellate Tribunal (NCLAT) at Chennai. These appeals arise from impugned orders passed by the National Company Law Tribunal (NCLT), Division Bench – II, Chennai, in various IA(IBC) applications within CP/759/(IB)/CB/2018. The appeals involve GVRS Manian, Dr. S. Jackson, T. Johnson, and Karthikeyan as Appellants, with R. Venkatakrishnan (Liquidator) and St. John Freight System Ltd. & Oths. as Respondents. The core issue revolves around seeking time for filing replies and rejoinders to various applications and appeals, with the NCLAT directing the Registry to list the matters on specific dates.

## Facts

The document details several Company Appeals (AT)(CH)(Ins) No.31/2023, No.33/2023, No.34/2023, and No.35/2023 filed before the NCLAT Chennai under Section 61 of the Insolvency and Bankruptcy Code, 2016. These appeals arise from impugned orders dated 19.01.2023 passed by the NCLT in various IA(IBC) applications within CP/759/(IB)/CB/2018. The key facts include: GVRS Manian, Dr. S. Jackson, T. Johnson, and Karthikeyan are the Appellants in different appeals. R. Venkatakrishnan (Liquidator) and St. John Freight System Ltd. & Oths. are the Respondents. The appeals involve applications for leave and directions for filing replies and rejoinders. The NCLAT has granted time extensions for filing these documents and directed the 'Office of the Registry' to list the matters

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## Issues and analysis

### Issue 1: Whether the Respondents should be granted additional time to file their replies, responses, or …

**Ratio:** The principle of natural justice and the need for a fair hearing necessitate granting

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**Reasoning:** The court recognizes that the Respondents require adequate time to prepare and file their

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**Interpretation:** This issue involves the interpretation of procedural fairness and the right to

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**Application:** The court applies the ratio by granting time extensions to the Respondents to

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## Parties

- **Judges:** M. Venu…; Shreesha…; +1 more
- **Appellants:** GVRS Ma…
- **Respondents:** St. John Freight…; R.Venkatakrishnan,…
- **Advocates:** Satish Par…; Subhang P…; +9 more

## Timeline

- **2023-01-19 — Impugned Ord…**: Date of the Impugned Order passed by the Adjudicating Authority (National Company Law…
- **2023-02-15 — Hearing…**: Heard Mr. Satish Parasaran, the Learned…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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