# Puneet Kumar Vs.
Computer Junction Private Limited & Anr. Company Appeal (AT) (Insolvency) No. 1035 of 2021

> NCLAT judgment dated 2022-05-09. Citation: TCN-2022-NCLAT-00691. The appeal was filed by Puneet Kumar against the order dated 13.10.2021 passed by the…

- **Court:** NCLAT
- **Order date:** 9 May 2022
- **Citation:** TCN-2022-NCLAT-00691
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/puneet-kumar-vs-computer-junction-private-limited-anr-company-appeal-66196a29

## Summary

### Background

The appeal was filed by Puneet Kumar against the order dated 13.10.2021 passed by the Adjudicating Authority (NCLT, New Delhi) admitting a Section 9 application filed by Computer Junction Pvt. Ltd. (CJPL) against Nysa Communications Pvt. Ltd. (NCPL).

## Facts

A Facilities Agreement was signed between Computer Junction Pvt. Ltd. and Nysa Communication Pvt. Ltd. effective from 25.05.2018.

ICAR terminated the contract with NCPL vide letter dated 30.07.2018 and forfeited performance security of Rs. 35.00 Lakhs.

The Operational Creditor/CJPL sent a demand notice under Section 8 of IBC on 23.12.2019.

The Corporate Debtor replied to the demand notice vide letter dated 15.01.2020.

The Operational Creditor filed an application under Section 9 against the Corporate Debtor which was admitted vide order dated 13.10.2021.

The Adjudicating Authority ordered that the Respondent be proceeded ex-parte on 06.09.2021.

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor was afforded an …

**Ratio:** The Adjudicating Authority must ensure that the Corporate Debtor is given an opportunity

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**Reasoning:** The court found that the Corporate Debtor was not properly served with a copy of the

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**Interpretation:** The principle of natural justice requires that a party be given an opportunity

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**Application:** The court held that the Adjudicating Authority committed an error in proceeding

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## Parties

- **Judges:** Ashok Bh…; Alok Sriv…; +2 more
- **Appellants:** Puneet…
- **Respondents:** NYSA Communication…; Computer Junction…; +1 more
- **Advocates:** Abhijeet…; Milan Sing…; +4 more

## Timeline

- **2018-05-25 — Facilities Ag…**: Facilities Agreement signed between Computer Junction Pvt. Ltd. and Nysa Communication…
- **2018-07-30 — Contract Term…**: ICAR terminated the…

## 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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