# In the matter of Kumar Vihaan Vs. Overseas Packaging Industries Pvt. Ltd. & Anr CA(AT)(Insolvency) 800-2018

> NCLAT judgment dated 2019-01-29. Citation: TCN-2019-NCLAT-00839. The Appellant, Director of YSG Cabs and Logistics Private Limited (‘Corporate Debtor'),…

- **Court:** NCLAT
- **Order date:** 29 Jan 2019
- **Citation:** TCN-2019-NCLAT-00839
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/kumar-vihaan-vs-overseas-packaging-industries-pvt-ltd-anr-ca-9f83ef4f

## Summary

### Background

The Appellant, Director of YSG Cabs and Logistics Private Limited (‘Corporate Debtor'), challenged the order dated 28th November, 2018 passed by the Adjudicating Authority (National Company Law Tribunal) New Delhi Bench, New Delhi whereby and whereunder an application under Section 9 of Insolvency and Bankruptcy Code, 2016 preferred by Overseas Packaging Industries Pvt. Ltd (‘Operational Creditor') has been admitted, the order of moratorium has been passed and Interim Resolution Professional has been appointed. The Respondent(s) took the plea that pursuant to agreement dated 16th April, 2016 for the premises in Kolkata and Amenities Agreement at various offices belonging to the ‘Corporate Debtor' at Bhubaneswar, Guwahati, Ranchi, Lucknow, Chennai, Bangalore, Pune and

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## Facts

Overseas Packaging Industries Pvt. Ltd. (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 against YSG Cabs and Logistics Private Limited (Corporate Debtor) for outstanding dues of Rs. 2,30,12,045/- inclusive of TDS. These dues arose from services provided by the Operational Creditor for leasing out premises with furniture, fixtures, and other amenities to the Corporate Debtor at various locations. The Adjudicating Authority admitted the application, passed a moratorium order, and appointed an Interim Resolution Professional. The Corporate Debtor appealed this order, arguing a pre-existing dispute and lack of hearing before the order was passed. The Operational Creditor disputed the claims but acknowledged a

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## Issues and analysis

### Issue 1: Whether the impugned order dated 28th November, 2018 was passed in violation of the principle of …

**Ratio:** The principle of Natural Justice requires that a party be given a fair hearing before an

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**Reasoning:** The NCLAT found that the Adjudicating Authority passed the order without providing notice

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**Interpretation:** The principle of Natural Justice is a fundamental tenet of legal proceedings,

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**Application:** In this case, the Adjudicating Authority's failure to provide a hearing to the

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Kumar V…
- **Respondents:** YSG Cabs and…; Overseas Packaging…

## Timeline

- **2016-04-16 — Agreement…**: Agreement dated 16th April, 2016 for the premises in Kolkata and Amenities Agreement at…
- **2017-11-22 — Demand N…**: Demand Notice issued under Section 8…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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