# In the matter of Satish Kumar Sethi vs. Varsha & Anr.

> NCLAT judgment dated 2024-02-02. Citation: TCN-2024-NCLAT-00657. This is an appeal against the order passed by the Adjudicating Authority on January 17, 2024,…

- **Court:** NCLAT
- **Order date:** 2 Feb 2024
- **Citation:** TCN-2024-NCLAT-00657
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/satish-kumar-sethi-vs-varsha-anr-a2a23d38

## Summary

### Background

This is an appeal against the order passed by the Adjudicating Authority on January 17, 2024, which admitted a Section 7 application filed by the Respondent. The Appellant challenges the order, contending it was passed without proper notice to the Appellant, who is also the Corporate Debtor. The Adjudicating Authority had directed fresh notice to the Corporate Debtor returnable on January 17, 2024, but the Appellant claims no notice was served as directed on January 10, 2024. The Respondent's counsel claims an affidavit of service was filed on January 4, 2024, with an email dated December 11, 2023, annexed, indicating service on the corporate debtor.

## Facts

The Adjudicating Authority passed an order on January 17, 2024, admitting a Section 7 application filed by the Respondent. The Appellant, also the Corporate Debtor, challenges this order, claiming lack of proper notice. The Adjudicating Authority had ordered fresh notice to the Corporate Debtor returnable on January 17, 2024. The Appellant asserts that no notice was served as directed on January 10, 2024. The Respondent's counsel claims an affidavit of service was filed on January 4, 2024, with an email dated December 11, 2023, annexed, indicating service on the corporate debtor. The court notes that no affidavit of service was filed after the order dated 10th January, 2024.

## Issues and analysis

### Issue 1: Whether the order passed by the Adjudicating Authority on January 17, 2024, is valid given the …

**Ratio:** The principle of natural justice requires that parties be given adequate notice and

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**Reasoning:** The court reasoned that the Appellant's claim of not receiving proper notice raises

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**Interpretation:** This issue involves interpreting the procedural requirements for serving notice

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**Application:** In this case, the court applied the principle of natural justice by considering

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Satish Kuma…
- **Respondents:** Varsha &…

## Timeline

- **2023-12-11 — Email Da…**: Email related to service of…
- **2024-01-04 — Affidavit of Service…**: Respondent's counsel claims an affidavit of…

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