# In the matter of K. Gaurav Kumar & Alpa Jain vs. Ram Charan Company Pvt. Ltd. & 2 Ors.

> NCLAT judgment dated 2023-07-26. Citation: TCN-2023-NCLAT-00345. The case involves an appeal against observations made by the Adjudicating Authority (National…

- **Court:** NCLAT
- **Order date:** 26 Jul 2023
- **Citation:** TCN-2023-NCLAT-00345
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/k-gaurav-kumar-alpa-jain-vs-ram-charan-company-pvt-ltd-2-ors-0600ea88

## Summary

### Background

The case involves an appeal against observations made by the Adjudicating Authority (National Company Law Tribunal, Division Bench - II, Chennai) in Para 9.4 of an order dated 13.12.2022. The Appellants, practicing Company Secretaries, were representing Ram Charan Company Pvt. Ltd. (Corporate Debtor) in an application filed by Rubamin Pvt. Ltd. (Operational Creditor) under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Adjudicating Authority found that the Appellants had also appeared for M/s Classic Exports in a separate case against the same Corporate Debtor, leading to adverse remarks against the Appellants' conduct.

## Facts

Rubamin Pvt. Ltd. (Operational Creditor) initiated insolvency proceedings against Ram Charan Company Pvt. Ltd. (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Appellants, K. Gaurav Kumar & Alpa Jain, represented the Corporate Debtor in this application. The Adjudicating Authority admitted the application. However, the Adjudicating Authority also noted that the Appellants had previously appeared for M/s Classic Exports in a separate insolvency case against the same Corporate Debtor. The Adjudicating Authority made adverse remarks against the Appellants' conduct in Para 9.4 of its order, without issuing any prior notice to the Appellants. The Appellants contended that they had obtained a no objection certificate (NOC) from the

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in making adverse remarks against the Appellants without …

**Ratio:** The principle of natural justice, specifically Audi Alteram Partem, requires that a

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**Reasoning:** The NCLAT reasoned that the Adjudicating Authority's adverse remarks were made without

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**Interpretation:** The principle of Audi Alteram Partem is interpreted to mean that any authority

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**Application:** In this case, the Adjudicating Authority's adverse remarks against the

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## Parties

- **Judges:** Rakesh Kuma…; Shreesha…
- **Appellants:** K. Gaurav Kumar &…
- **Respondents:** Ram Charan…

## Timeline

- **2022-12-13 — Impugned Ord…**: Date of the impugned order by the Adjudicating Authority containing adverse remarks…
- **2022-06-21 — Settlement of Classic…**: The case of M/s Classic Exports was settled…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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