# In the matter of Manish Kumar, Shareholder of Hind Syntex Ltd. vs. Dena Bank & Anr.

> NCLAT judgment dated 2023-09-14. Citation: TCN-2023-NCLAT-00204. This case involves an appeal against an order dated 04.03.2022 passed by the Adjudicating…

- **Court:** NCLAT
- **Order date:** 14 Sept 2023
- **Citation:** TCN-2023-NCLAT-00204
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/manish-kumar-shareholder-of-hind-syntex-ltd-vs-dena-bank-anr-a132221f

## Summary

### Background

This case involves an appeal against an order dated 04.03.2022 passed by the Adjudicating Authority, which admitted a Section 7 application filed by the Bank of Baroda (the Respondent). The appellant, a shareholder of Hind Syntex Ltd., contends that they were not heard in the Section 7 application and that notices could not be served on them because the company was closed. The initial Section 7 application was dismissed for non-prosecution on 16.01.2020 and restored on 29.10.2021, after which fresh notices were issued. The appellant argues that the Adjudicating Authority proceeded ex-parte despite the notices being returned unserved.

## Facts

The Bank of Baroda filed a Section 7 application against Hind Syntex Ltd. The application was initially dismissed for non-prosecution on 16.01.2020 but was restored on 29.10.2021. Notices were issued to the appellant, but the appellant claims they were not served because the company was closed. The Adjudicating Authority proceeded ex-parte and admitted the Section 7 application on 04.03.2022. The appellant, a shareholder of Hind Syntex Ltd., filed an appeal against this order. The appellant argues that they were not given an opportunity to be heard and that the notices were not properly served. The bank contends that notices were duly served, and the appellant deliberately avoided appearing. The tribunal notes that the notices were returned unserved, and no further

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in proceeding ex-parte against the appellant when the …

**Ratio:** The principle of natural justice requires that parties be given a fair opportunity to be

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**Reasoning:** The tribunal reasoned that the appellant was not properly served with notice, as the

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**Interpretation:** This issue involves the interpretation of the principles of natural justice and

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**Application:** In this case, the tribunal applied the principle of natural justice by holding

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Manish…
- **Respondents:** Hind Synt…; Dena Bank…

## Timeline

- **2020-01-16 — Dismissal of Section 7…**: The Section 7 application filed by the Bank of…
- **2021-10-29 — Restoration of Section…**: The Section 7 application was restored, and…

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