# In the matter of Ishan Singh vs. Spaze Towers Pvt. Ltd.

> NCLAT judgment dated 2023-09-01. Citation: TCN-2023-NCLAT-00227. This is an appeal against an order dated 2022-11-22 passed in I.A. No. 5671/ND/2022. The…

- **Court:** NCLAT
- **Order date:** 1 Sept 2023
- **Citation:** TCN-2023-NCLAT-00227
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ishan-singh-vs-spaze-towers-pvt-ltd-9b5c10cd

## Summary

### Background

This is an appeal against an order dated 2022-11-22 passed in I.A. No. 5671/ND/2022. The appellant had filed a Section 7 application before the NCLT, New Delhi, Court IV, in which Section 7 application I.A. No. 5671/ND/2022 was filed by the Appellant praying to take on record application of the Corporate Debtor filed under Section 13(4) of the Companies Act, 2013 read with Rule 30 of Company (Incorporation) Rules, 2014. The document sought to be brought on record was an application filed by the Corporate Debtor for shifting its registered office from NCT of Delhi to the State of Haryana.

## Facts

The appellant, Ishan Singh, filed an appeal against an order passed in I.A. No. 5671/ND/2022. The appellant had filed a Section 7 application before the NCLT, New Delhi, seeking to bring on record an application filed by the Corporate Debtor, Spaze Towers Pvt. Ltd., for shifting its registered office from Delhi to Haryana. The Adjudicating Authority rejected the application. The appellant argued that the document was relevant and should be considered. The respondent argued that only debt, default, and territorial jurisdiction are relevant in a Section 7 application. The document in question was the application filed by the Corporate Debtor itself seeking to shift its registered office.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in rejecting the application filed by the Appellant to …

**Ratio:** The Adjudicating Authority ought to have taken the document on record and thereafter

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**Reasoning:** The court was of the view that the Adjudicating Authority should have first taken the

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**Interpretation:** This means that the Adjudicating Authority has a duty to consider all relevant

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**Application:** In this case, the Adjudicating Authority should have taken the document filed

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** ISHAN S…
- **Respondents:** Spaze Towers Pvt.…

## Timeline

- **2022-11-22 — Order Da…**: Order passed in I.A. No. 5671/ND/2022…
- **2023-09-01 — Hearing…**: Heard learned counsel for the Appellant and…

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