# In the matter of Kesari Nandan Traders vs. Nadhi Bio Products Pvt. Ltd.

> NCLAT judgment dated 2025-04-25. Citation: TCN-2025-NCLAT-00083. Kesari Nandan Traders, a proprietorship firm engaged in grain and coal trading, filed an…

- **Court:** NCLAT
- **Order date:** 25 Apr 2025
- **Citation:** TCN-2025-NCLAT-00083
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/kesari-nandan-traders-vs-nadhi-bio-products-pvt-ltd-ce41f466

## Summary

### Background

Kesari Nandan Traders, a proprietorship firm engaged in grain and coal trading, filed an appeal against an order dated 07.05.2024, where the Learned Tribunal rejected its application seeking a direction to the Resolution Professional to admit a claim of Rs.7,29,96,779/-. The Appellant argued that the Learned Tribunal should have considered the materials submitted in support of its claim. The Appellant also filed IA No.481/2025 for advance hearing and IA No.543/2024 for raising a claim under Section 60(5) of the I&B Code, 2016.

## Facts

Kesari Nandan Traders, a proprietorship firm, is engaged in the business of DDGS (Distillers dried grains & solubles), grain, and coal trading. The firm filed an application seeking a direction to the Resolution Professional to admit a claim of Rs.7,29,96,779/-. This application was rejected by the Learned Tribunal via an order dated 07.05.2024. The Appellant preferred an appeal against the Impugned Order on 16.06.2024. The Appellant also filed IA No.543/2024, invoking Section 60(5) of the I&B Code, 2016, seeking admission of the claim and a stay on the Corporate Insolvency Resolution Process. The Appellant contended that the Impugned Order was passed without application of mind and was a non-speaking order, failing to disclose reasons for accepting or

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## Issues and analysis

### Issue 1: Whether the Impugned Order dated 07.05.2024 passed by the Learned Tribunal is valid and legally …

**Ratio:** An order passed by a court or tribunal must be reasoned, especially when it affects the

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**Reasoning:** The Appellate Tribunal found that the Impugned Order was a non-reasoned order, meaning it

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**Interpretation:** The principle of natural justice requires that decisions affecting the rights

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**Application:** In this case, the Impugned Order was found to be deficient because it did not

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## Parties

- **Judges:** Sharad Kumar…; Jatindranat…
- **Appellants:** Kesari Nandan…
- **Respondents:** M/s. Nadhi Bio…

## Timeline

- **2024-05-07 — Impugned…**: The Learned Tribunal rejected the Appellant's application seeking a direction to the…
- **2024-06-16 — Appeal F…**: The Appellant preferred an…

## 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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