# In the matter of Joseph Phillip Vs. Ashish Rathi & Anr. CA (AT) No. 467-2018

> NCLAT judgment dated 2018-08-21. Citation: TCN-2018-NCLAT-00140. The appellant, the Director of the Corporate Debtor, challenged an order passed by the…

- **Court:** NCLAT
- **Order date:** 21 Aug 2018
- **Citation:** TCN-2018-NCLAT-00140
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/joseph-phillip-vs-ashish-rathi-anr-ca-0d170dbc

## Summary

### Background

The appellant, the Director of the Corporate Debtor, challenged an order passed by the Adjudicating Authority (National Company Law Tribunal), Division Bench, Chennai, which rejected the appellant's application under Section 60(5). The appellant argued that the application under Section 7 filed by the Financial Creditor was heard on December 13, 2017, and the final order was reserved. The Adjudicating Authority passed the order on December 29, 2017, during a vacation period, and the order was not communicated to the parties until it was uploaded on January 11, 2018. The appellant requested to shift the date of admission of the application under Section 7 to January 16, 2018, the date of communication of the order.

## Facts

The Director of the Corporate Debtor, Joseph Philip, filed an appeal against an order passed by the Adjudicating Authority (National Company Law Tribunal), Chennai. The appellant's application under Section 60(5) was rejected. The Financial Creditor had filed an application under Section 7, which was heard on December 13, 2017, and the final order was reserved. The Adjudicating Authority passed the order on December 29, 2017, during a vacation period. The order was not communicated to the parties until it was uploaded on January 11, 2018. The appellant sought to shift the date of admission of the application under Section 7 to January 16, 2018, the date of communication of the order. The court heard the parties on merit on December 13, 2017, and the final order was

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## Issues and analysis

### Issue 1: Whether the date of admission of the application under Section 7 can be shifted to a subsequent …

**Ratio:** The date of admission cannot be shifted to a subsequent date of notification of the order

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**Reasoning:** The court was not inclined to accept the appellant's submissions, noting that the parties

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**Interpretation:** The court interpreted that once the final order is passed, the date of

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**Application:** The court applied the ratio to the facts of the case, where the appellant

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…
- **Appellants:** Mr.Joseph…
- **Respondents:** Ashish…
- **Advocates:** Jayesh…; R Chandr…; +4 more

## Timeline

- **2017-12-13 — Hearing on Section 7…**: The application under Section 7 filed…
- **2017-12-29 — Order Passed by…**: The Adjudicating Authority…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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