# In the matter of Mark Splenadour Nonwovens Pvt. Ltd. Vs. Dakota Chemicals India Pvt. Ltd. CA(AT)(Ins) No. 714 of 2019

> NCLAT judgment dated 2020-01-03. Citation: TCN-2020-NCLAT-00600. The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT), New…

- **Court:** NCLAT
- **Order date:** 3 Jan 2020
- **Citation:** TCN-2020-NCLAT-00600
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/mark-splenadour-nonwovens-pvt-ltd-vs-dakota-chemicals-india-pvt-ltd-ca-d449a758

## Summary

### Background

The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT), New Delhi, concerning Company Appeal (AT) (Ins) No. 714 of 2019. The appellant's counsel was not ready to argue the appeal. The Appellate Tribunal had previously passed an order on 17.12.2019, directing the appeal to be listed on 03.01.2020. Earlier, on 02.12.2019, the appellant's counsel was also absent. The respondent's counsel stated that a Section 9 application was pending before the Adjudicating Authority at Jaipur, and a final order regarding admission had not been passed.

## Facts

Mark Splendour Nonwovens Pvt. Ltd. filed an appeal against Dakota Chemicals India Pvt. Ltd. before the NCLAT. The appellant's counsel, Mr. Saroj Kumar Singh, was not prepared to argue the appeal on the scheduled hearing date, January 3, 2020. The tribunal had previously listed the appeal on January 3, 2020, following an order on December 17, 2019. On December 2, 2019, the appellant's counsel was also absent. The respondent's counsel informed the tribunal that a Section 9 application was still pending before the Adjudicating Authority in Jaipur, with no final order on admission. The tribunal vacated its order dated July 15, 2019, which had directed the Adjudicating Authority not to pass an order of admission. The matter was adjourned to January 7, 2020, to give the

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## Issues and analysis

### Issue 1: Whether the Appellate Tribunal was justified in adjourning the matter to provide another …

**Ratio:** The principle of natural justice dictates that all parties should be given a fair

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**Reasoning:** The court reasoned that the appellant should be given another opportunity to argue the

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**Interpretation:** This interprets the right to be heard, ensuring that parties are not prejudiced

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**Application:** The ratio was applied by adjourning the case to January 7, 2020, allowing the

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## Parties

- **Judges:** Venugop…; KanthiNar…; +1 more
- **Appellants:** Mark Splendour…
- **Respondents:** Dakota Chemicals…
- **Advocates:** Saroj Kumar…

## Timeline

- **2019-12-17 — Previous Tribu…**: The Appellate Tribunal passed an order…
- **2019-12-02 — Appellant Counsel…**: The appellant's counsel was not…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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