# In the matter of Jord Engineers India Ltd. Vs. Valia & Co. CA (AT) (Insolvency) No. 158-2017

> NCLAT judgment dated 2018-05-14. Citation: TCN-2018-NCLAT-00282. The case involves a Company Appeal (AT) (Insolvency) No. 158 of 2017 before the National…

- **Court:** NCLAT
- **Order date:** 14 May 2018
- **Citation:** TCN-2018-NCLAT-00282
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/jord-engineers-india-ltd-vs-valia-co-ca-61509832

## Summary

### Background

The case involves a Company Appeal (AT) (Insolvency) No. 158 of 2017 before the National Company Law Appellate Tribunal, New Delhi. The respondent, who was the petitioner/appellant before the Hon'ble Supreme Court in SLP (Civil) No. 8145 of 2018, has appeared. Notice has been issued to the appellant, Jord Engineers India Ltd., but the service report is incomplete.

## Facts

The case is a Company Appeal (AT) (Insolvency) No. 158 of 2017. Jord Engineers India Ltd. is the appellant, and Valia & Co. is the respondent. The respondent had previously been a petitioner/appellant before the Supreme Court in SLP (Civil) No. 8145 of 2018. A notice was issued to the appellant, but the service report is incomplete. The court has ordered a fresh notice to be issued to the appellant, setting July 4, 2018, as the next date for admission of the case. If the appellant fails to appear, the tribunal may proceed based on the records and averments made by the respondent. The incomplete service report is a key fact that necessitates the issuance of a fresh notice.

## Issues and analysis

### Issue 1: Whether a fresh notice should be issued to the appellant due to incomplete service of the previous …

**Ratio:** Proper service of notice is a fundamental requirement of due process, ensuring that all

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**Reasoning:** The court reasoned that since the service report for the initial notice to the appellant

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**Interpretation:** The interpretation emphasizes the importance of proper notification in legal

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**Application:** The ratio and reasoning are applied to the specific facts of the case, where

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** JORD ENGINEERS…
- **Respondents:** VALIA &…

## Timeline

- **2017-01-01 — Case Fil…**: Company Appeal (AT)…
- **2018-05-14 — Respondent…**: Respondent who was the Petitioner/ Appellant before the Hon'ble Supreme Court in SLP…

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