# In the matter of Samyak Metals Pvt. Ltd. Vs.
Ugro Capital Ltd. Company Appeal (AT) (Insolvency) No. 668 of 2022

> NCLAT judgment dated 2022-06-08. Citation: TCN-2022-NCLAT-00429. The appeal concerns an order by the Adjudicating Authority (NCLT, New Delhi) in…

- **Court:** NCLAT
- **Order date:** 8 Jun 2022
- **Citation:** TCN-2022-NCLAT-00429
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/samyak-metals-pvt-ltd-vs-ugro-capital-ltd-company-appeal-fad0733c

## Summary

### Background

The appeal concerns an order by the Adjudicating Authority (NCLT, New Delhi) in IB-705/ND/2021. The appellant's grievance is that their reply to the Adjudicating Authority was kept under objection and the defects were not cured. The Adjudicating Authority had also noted non-compliance with an earlier order and a delay of approximately 51 days in filing the reply. The appellant's counsel pointed out an incorrect number of days (51) mentioned in the impugned order and that the matter was listed for arguments.

## Facts

Samyak Metals Pvt. Ltd. filed an appeal against an order of the Adjudicating Authority (NCLT) in case IB-705/ND/2021. The appellant's grievance was that their reply was kept under objection and defects were not cured. The Adjudicating Authority had also noted non-compliance with an earlier order and a delay in filing the reply. The appellant's counsel pointed out an incorrect number of days mentioned in the impugned order. The tribunal directed the Adjudicating Authority to receive the reply after curing defects and to proceed with the hearing on merits. The tribunal emphasized the principles of natural justice and granted liberty to both sides to raise pleas before the Adjudicating Authority.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in keeping the Appellant's reply under objection and not …

**Ratio:** The ratio is based on the principle of natural justice, ensuring that all parties have an

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**Reasoning:** The tribunal reasoned that keeping the reply in the registry based on objection without

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**Interpretation:** This issue involves interpreting the procedural fairness required in

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**Application:** The ratio and reasoning are applied to the specific facts by directing the

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## Parties

- **Judges:** M. Venu…; Ashok Kumar…
- **Appellants:** Samyak Metals…
- **Respondents:** Ugro Capit…
- **Advocates:** Davesh B…; Arjun Ma…; +2 more

## Timeline

- **2022-05-30 — Impugned Ord…**: Date of the impugned order by the…
- **2022-04-08 — Earlier Ord…**: Earlier order of the Adjudicating Authority…

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