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

> NCLAT judgment dated 2023-09-01. Citation: TCN-2023-NCLAT-00229. This is an appeal against the order dated 22.11.2022 passed in I.A. No. 5671/ND/2022 by the…

- **Court:** NCLAT
- **Order date:** 1 Sept 2023
- **Citation:** TCN-2023-NCLAT-00229
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ishan-singh-vs-spaze-towers-pvt-ltd-ac0a3718

## Summary

### Background

This is an appeal against the order dated 22.11.2022 passed in I.A. No. 5671/ND/2022 by the NCLT, New Delhi, Court IV. The appellant had filed a Section 7 application before the NCLT, seeking to bring on record an application by the Corporate Debtor filed under Section 13(4) of the Companies Act, 2013 read with Rule 30 of Company (Incorporation) Rules, 2014. The application sought to bring on record an application filed by the Corporate Debtor for shifting its registered office from NCT of Delhi to the State of Haryana.

## Facts

Ishan Singh (Appellant) filed an appeal against an order dated 22.11.2022 passed in I.A. No. 5671/ND/2022 by NCLT, New Delhi. The Appellant had filed a Section 7 application before the NCLT, seeking to bring on record an application by the Corporate Debtor (Spaze Towers Pvt. Ltd.) 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. The NCLT rejected the application. The Appellant argued that the document was relevant, while the Respondent argued that only debt, default, and territorial jurisdiction are relevant in a Section 7 application. The

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## 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 NCLAT was satisfied that the Adjudicating Authority erred in rejecting the

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**Interpretation:** This means that the NCLAT believes that the Adjudicating Authority should first

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**Application:** The NCLAT applied this principle to the case, finding that the Adjudicating

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## Parties

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

## Timeline

- **2022-11-22 — Order by…**: Order passed in I.A. No. 5671/ND/2022 by the NCLT, New Delhi, which was filed by the…
- **2023-09-01 — Hearing…**: Heard learned counsel for the Appellant and…

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