# In the matter of Sanjay Chaudhary & Ors. Dinesh Kumar Gupta & Ors. Company Appeal (AT) (Insolvency) No. 196 & 522 of 2023

> NCLAT judgment dated 2023-05-08. Citation: TCN-2023-NCLAT-00818. The appeal was filed against an order dated March 1, 2023, which directed the appellant to…

- **Court:** NCLAT
- **Order date:** 8 May 2023
- **Citation:** TCN-2023-NCLAT-00818
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/sanjay-chaudhary-ors-dinesh-kumar-gupta-ors-company-appeal-at-insolvency-no-196-b187e081

## Summary

### Background

The appeal was filed against an order dated March 1, 2023, which directed the appellant to refund an amount based on an application under rule 11 filed by the liquidator.

## Facts

An appeal was filed against the order dated 01st March, 2023.

The order directed the Appellant to refund an amount based on an application filed by the Liquidator under rule 11.

The Appellant argued that the final order was passed on 22nd December, 2022, without any direction against them.

The Impugned order dated 01st March, 2023, was passed without the Appellant being made a party to the Application or without giving notice to the Appellant.

The Liquidator submitted that only clarification/rectification was asked for in I.A. No. 384 of 2023 and it was not necessary to hear any of the Respondents.

…

## Issues and analysis

### Issue 1: Whether the order dated 01st March, 2023, passed …

**Ratio:** The principles of natural justice require that a party should be heard before an order is

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**Reasoning:** The Appellant was directed to refund the amount without being given an opportunity to be

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**Interpretation:** The court interpreted the principles of natural justice to require that the

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**Application:** The court applied the principles of natural justice and found that the order

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Sanjay Cha…; Vivek Pr…
- **Respondents:** Dinesh Kuma…
- **Advocates:** Vivek S…; Vivek M…; +5 more

## Timeline

- **2023-03-01 — Order Da…**: Order passed by the Adjudicating Authority…
- **2022-12-22 — Final Orde…**: Final order passed by the Adjudicating…

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