# In the matter of Kairav Anil Trivedi IRP for Parenteral Drugs India Ltd. Interim Resolution Professional vs. State Bank of India & Anr. Company Appeal (AT) (Insolvency) No. 747 of 2023

> NCLAT judgment dated 2023-06-01. Citation: TCN-2023-NCLAT-00469. This is a Company Appeal (AT) (Insolvency) No. 747 of 2023 filed by Kairav Anil Trivedi, the…

- **Court:** NCLAT
- **Order date:** 1 Jun 2023
- **Citation:** TCN-2023-NCLAT-00469
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/kairav-anil-trivedi-irp-for-parenteral-drugs-india-ltd-interim-resolution-profes-af4423ef

## Summary

### Background

This is a Company Appeal (AT) (Insolvency) No. 747 of 2023 filed by Kairav Anil Trivedi, the Interim Resolution Professional (IRP) for Parenteral Drugs India Ltd, challenging an order dated May 12, 2023, passed on I.A. No. 1874 of 2023, which was filed by the State Bank of India. The Appellant claims he was not served with the physical copy of the Application and could not appear on May 12, 2023, due to personal difficulties. The Adjudicating Authority passed an order on May 12, 2023, causing serious adverse consequences.

## Facts

Kairav Anil Trivedi, the IRP for Parenteral Drugs India Ltd, filed an appeal against an order dated May 12, 2023, passed on I.A. No. 1874 of 2023 filed by the State Bank of India. Trivedi claimed he was not served with the application copy and could not attend the hearing on May 12, 2023, due to personal difficulties. The Respondent's counsel argued that the application was served on May 2, 2023, and the court directed informing both parties, but Trivedi refused to appear. The order dated May 12, 2023, is claimed to be an ex-parte order. The court allowed Trivedi to file an application to recall the order before the Adjudicating Authority within one week, with the next date fixed for consideration on June 22, 2023. The relevance of these facts is that they establish

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## Issues and analysis

### Issue 1: Whether the Appellant was properly served with the application copy before the order dated May 12, …

**Ratio:** The principle of natural justice requires that all parties to a legal proceeding must be

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**Reasoning:** The Appellant claimed he was not served with the application copy, while the Respondent's

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**Interpretation:** The interpretation of proper service involves ensuring that the party is duly

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**Application:** In this case, the court did not definitively resolve the issue of service but

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## Parties

- **Judges:** Ashok Bh…; Naresh Sa…
- **Appellants:** Kairav Anil…
- **Respondents:** Parenteral Drugs…; State Bank of…
- **Advocates:** Palash Ag…

## Timeline

- **2023-05-02 — Application Served…**: Respondent's counsel claimed the…
- **2023-05-11 — Appellant I…**: Appellant informed of the hearing…

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