# In the matter of Prayag Polytech Pvt. Ltd. Vs. Purbanchal Trade and Industries Ltd. CA(AT)(Ins) No. 1046 of 2019

> NCLAT judgment dated 2020-01-06. Citation: TCN-2020-NCLAT-00581. The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT), New…

- **Court:** NCLAT
- **Order date:** 6 Jan 2020
- **Citation:** TCN-2020-NCLAT-00581
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/prayag-polytech-pvt-ltd-vs-purbanchal-trade-and-industries-ltd-ca-999e61ad

## Summary

### Background

The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT), New Delhi, concerning an insolvency matter. The appellant's counsel had previously been directed to provide the respondent's email address for service of notice. However, as of January 6, 2020, the appellant's counsel had not yet complied with this directive.

## Facts

Prayag Polytech Pvt. Ltd. is the appellant in an insolvency case before the NCLAT against Purbanchal Trade and Industries Ltd., the respondent. The appellant's counsel, Mr. Vipul Ganda, Ms. Shreya Jain, and Ms. Alexandra Celestine, had not provided the respondent's email address as previously directed by the tribunal in an order dated October 15, 2019. The tribunal had ordered that notice be served to the respondent via email. On January 6, 2020, the appellant's counsel undertook to provide the email address to the registry. The registry was then directed to issue notice to the respondent at that email address for a hearing on January 29, 2020. The case was placed 'For Admission' on January 29, 2020.

## Issues and analysis

### Issue 1: Whether the appellant's counsel should be directed to provide the respondent's email address for …

**Ratio:** The principle of natural justice requires that all parties to a legal proceeding receive

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**Reasoning:** The court reasoned that the appellant's counsel had previously been directed to provide

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**Interpretation:** This issue involves the interpretation of procedural fairness and the right to

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**Application:** The court applied the principle of natural justice by directing the appellant's

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## Parties

- **Judges:** Venugop…; Kanthi Na…; +2 more
- **Appellants:** Prayag Polytech…
- **Respondents:** Purbanchal Trade…

## Timeline

- **2019-10-15 — Previous Tribu…**: The Tribunal directed the Appellant's counsel…
- **2020-01-06 — Appellant Counsel…**: The Appellant's counsel undertook to provide the Respondent's email address to the…

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