# In the matter of Raj Hari Eswaran vs. Ravindra Chaturvedi (IA Nos. 343, 344-2023) in Company Appeal (AT) (CH) (Ins) No. 100-2023

> NCLAT judgment dated 2023-04-19. Citation: TCN-2023-NCLAT-00603. The case involves an appeal against an order dated 27/02/2023, where an application filed by…

- **Court:** NCLAT
- **Order date:** 19 Apr 2023
- **Citation:** TCN-2023-NCLAT-00603
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/raj-hari-eswaran-vs-ravindra-chaturvedi-1cf7a361

## Summary

### Background

The case involves an appeal against an order dated 27/02/2023, where an application filed by the Resolution Professional ('RP') bearing I.A. No.307/(CHE)/2023 under Section 19(2) of the Insolvency and Bankruptcy Code, 2016, was allowed by the National Company Law Tribunal, Division Bench, Court-I, Chennai, for certain directions.

## Facts

Raj Hari Eswaran filed an appeal against an order dated 27/02/2023 passed in IA/307(CHE)/2023 in IBA/617/2020. The order was issued by the National Company Law Tribunal, Division Bench, Chennai. The application was filed by the Resolution Professional under Section 19(2) of the Insolvency and Bankruptcy Code, 2016. The appellant contended that the order was passed without issuing notice to the respondents, violating the principle of natural justice. The Resolution Professional argued that the order was in line with Section 19(1) of the Code, requiring assistance to the RP. The court noted that the primary question was whether the impugned order should have been passed without issuing notice to the respondents.

## Issues and analysis

### Issue 1: Whether the Impugned Order should have been passed without issuing Notice to the Respondents to …

**Ratio:** The principle of natural justice, specifically audi alteram partem, dictates that no one

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**Reasoning:** The court found that the application was allowed without issuing notice to the

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**Interpretation:** The principle of audi alteram partem requires that all parties affected by a

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**Application:** In this case, the respondents were not given an opportunity to present their

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## Parties

- **Judges:** Rakesh Kuma…; Shreesha…; +1 more
- **Appellants:** Raj Hari E…
- **Respondents:** Ravindra Chaturved…

## Timeline

- **2023-02-27 — Impugned Ord…**: Order passed in IA/307(CHE)/2023 in IBA/617/2020 by the National Company Law Tribunal,…
- **2023-02-17 — Tribunal De…**: Tribunal rendered decision in the case of 'Rajasthan State Mines and Minerals Limited'…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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