# In the matter of India Cement Capital Ltd. Vs. Jitendra Kumar Jain, IP CA (AT) (Insol.) No. 283-2017

> NCLAT judgment dated 2017-11-27. Citation: TCN-2017-NCLAT-00044. The case involves a Company Appeal (AT) (Insolvency) No. 283 of 2017 before the National…

- **Court:** NCLAT
- **Order date:** 27 Nov 2017
- **Citation:** TCN-2017-NCLAT-00044
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/india-cement-capital-ltd-vs-jitendra-kumar-jain-ip-ca-59720ab0

## Summary

### Background

The case involves a Company Appeal (AT) (Insolvency) No. 283 of 2017 before the National Company Law Appellate Tribunal (NCLAT), New Delhi. The appeal was filed by India Cement Capital Ltd. against Jitendra Kumar Jain, an Insolvency Professional. The appeal was preferred under Section 61 of the Insolvency and Bankruptcy Code, 2016, against a letter sent in a mailbox dated 17th October 2017, which appeared to be a notice of information.

## Facts

India Cement Capital Ltd. filed an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016, against a letter sent in a mailbox dated 17th October 2017. The letter appeared to be a notice of information. The NCLAT considered the appeal defective and not maintainable under Section 61 of the IBC. The appellant's counsel was absent despite repeated calls. Consequently, the appeal was dismissed for non-prosecution. The relevance of the date 2017-10-17 is that it is the date of the letter that triggered the appeal. The relevance of Section 61 is that the appeal was filed under this section, but the court found it not maintainable.

## Issues and analysis

### Issue 1: Whether the appeal filed by India Cement Capital Ltd. is maintainable under Section 61 of the …

**Ratio:** An appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016, is not

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**Reasoning:** The court reasoned that the appeal was filed against a letter that appeared to be a

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**Interpretation:** Section 61 of the IBC is interpreted to allow appeals against substantive

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**Application:** In this case, the court applied the ratio by determining that the letter dated

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** India Cement…
- **Respondents:** Jitendra Kumar…

## Timeline

- **2017-10-17 — Letter/Noti…**: A letter sent in a mailbox, appearing to be a notice of information, was dated 17th…
- **2017-11-27 — Order Da…**: The NCLAT dismissed the appeal…

## 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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