# In the matter of Seya Industries Ltd. vs. Central Bank of India

> NCLAT judgment dated 2023-11-02. Citation: TCN-2023-NCLAT-00103. This is a Company Appeal (AT) (Insolvency) No. 1422 of 2023 filed by Seya Industries Ltd.…

- **Court:** NCLAT
- **Order date:** 2 Nov 2023
- **Citation:** TCN-2023-NCLAT-00103
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/seya-industries-ltd-vs-central-bank-of-india-a22bb130

## Summary

### Background

This is a Company Appeal (AT) (Insolvency) No. 1422 of 2023 filed by Seya Industries Ltd. against Central Bank of India. The appeal challenges an order dated 18.10.2023 passed by the Adjudicating Authority (National Company Law Tribunal), Court-V, Mumbai Bench. The appellant claims they received the notice of the appeal on 26.10.2023, making it impossible to appear on the same day. The bank disputes this, stating the notice was served in March 2023. The appellant also argues that the petition is 2059 pages long, and the time allowed for reply (until 30.10.2023) was insufficient.

## Facts

Seya Industries Ltd. filed an appeal against Central Bank of India challenging an order dated 18.10.2023 passed by the Adjudicating Authority (NCLT, Mumbai). The appellant claimed they received the notice of the appeal on 26.10.2023, making it impossible to appear on the same day. The Central Bank of India disputed this, stating the notice was served in March 2023. The appellant also argued that the petition was 2059 pages long, and the time allowed for reply (until 30.10.2023) was insufficient. The NCLT, Mumbai, was scheduled to be closed from 11.11.2023 to 19.11.2023, re-opening on 20.11.2023. The relevance of these facts lies in the appellant's claim of insufficient notice and time to respond to the appeal, as well as the operational schedule of the NCLT.

## Issues and analysis

### Issue 1: Whether the appellant was given sufficient notice …

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

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**Reasoning:** The appellant claimed that they received the notice of the appeal on the same day they

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**Interpretation:** The interpretation of 'sufficient notice' depends on the specific facts and

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**Application:** In this case, the court implicitly accepted the appellant's argument that

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Seya Industries…
- **Respondents:** Central Bank of…

## Timeline

- **2023-10-18 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), Court-V, Mumbai Bench, passed…
- **2023-10-26 — Appellant Receives…**: The Appellant claims to have received the notice of the Appeal on this date, making it…

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