# In the matter of Kaliber Associates Pvt Ltd Vs Mrs Tripat Kaur CA (AT) No. 52-2017

> NCLAT judgment dated 2017-05-26. Citation: TCN-2017-NCLAT-00171. The case involves an appeal against an order passed by the Adjudicating Authority (National…

- **Court:** NCLAT
- **Order date:** 26 May 2017
- **Citation:** TCN-2017-NCLAT-00171
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/kaliber-associates-pvt-ltd-vs-mrs-tripat-kaur-ca-bc6d98eb

## Summary

### Background

The case involves an appeal against an order passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi, which admitted an application preferred by the respondent, proprietor of M/s Gallerie Nvya, for initiating an insolvency resolution process against the appellant-corporate debtor, M/s Kaliber Associates Pvt Ltd, under Section 7 of the Insolvency and Bankruptcy Code, 2016. A moratorium was declared, and an Interim Resolution Professional was appointed.

## Facts

M/s Gallerie Nvya, the respondent, filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016, against M/s Kaliber Associates Pvt Ltd, the appellant-corporate debtor, for initiating an insolvency resolution process. The Adjudicating Authority admitted the application and declared a moratorium. The appellant contended that they were not given any notice before the admission of the application, violating the principles of natural justice. The appellant claimed to be a solvent company willing to pay the dues. Financial dealings occurred in 2012, with Rs.50 lakhs repaid out of Rs.1.5 crores. Disagreements arose in 2016, leading the corporate debtor to stop payments. After receiving a legal demand notice on 2016-10-20, the appellant arranged to pay

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority violated the principles of natural justice by admitting the …

**Ratio:** The principle of natural justice requires that a party must be given an opportunity to be

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**Reasoning:** The Appellate Tribunal found that the Adjudicating Authority had passed the order

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**Interpretation:** The interpretation of the principle of natural justice requires that all

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**Application:** In this case, the Adjudicating Authority's failure to give notice to the

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## Parties

- **Judges:** S.J. Mukhop…; Balvinder…
- **Respondents:** Kaliber Associates…; Mrs Tripa…
- **Advocates:** Ayush B…; R. K. G…

## Timeline

- **2017-04-26 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), New Delhi, passed an order…
- **2017-05-26 — Appeal Pre…**: The appellant-corporate debtor, M/s Kaliber Associates Pvt Ltd, preferred an appeal…

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