# In the matter of Shaw Traders Vs. Balaji Paper & Newsprint Pvt. Ltd. CA (AT) No. 314-2017

> NCLAT judgment dated 2017-12-15. Citation: TCN-2017-NCLAT-00006. The case involves an appeal filed by Shaw Traders against Balaji Paper & Newsprint Pvt. Ltd.…

- **Court:** NCLAT
- **Order date:** 15 Dec 2017
- **Citation:** TCN-2017-NCLAT-00006
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/shaw-traders-vs-balaji-paper-newsprint-pvt-ltd-ca-6e0b4223

## Summary

### Background

The case involves an appeal filed by Shaw Traders against Balaji Paper & Newsprint Pvt. Ltd. The appeal was filed under Section 9 of the Insolvency & Bankruptcy Code, 2016. The Adjudicating Authority rejected the application based on a decision by the Supreme Court in the case of 'Mobilox Innovation Private Ltd. Vs. Kirusa Software Private Ltd.' The 'Corporate Debtor' had sent a notice of dispute. The registry pointed out that the appeal was barred by limitation.

## Facts

Shaw Traders filed an appeal against Balaji Paper & Newsprint Pvt. Ltd. under Section 9 of the Insolvency & Bankruptcy Code, 2016. The Adjudicating Authority rejected Shaw Traders' application, citing the Supreme Court's decision in 'Mobilox Innovation Private Ltd. Vs. Kirusa Software Private Ltd.' as the basis for the rejection. A notice of dispute had been sent by the 'Corporate Debtor'. The Registry also noted that the appeal was barred by limitation. Despite multiple opportunities, Shaw Traders failed to appear before the Appellate Tribunal. Consequently, the Appellate Tribunal dismissed the appeal, citing the bar of limitation and the appellant's default as reasons for the dismissal. The Supreme Court case is relevant because it likely established a

…

## Issues and analysis

### Issue 1: Whether the appeal filed by Shaw Traders is maintainable given the Supreme Court's decision in …

**Ratio:** The ratio is that decisions of the Supreme Court are binding on all lower courts and

…

**Reasoning:** The Adjudicating Authority rejected the application based on the Supreme Court's

…

**Interpretation:** This highlights the principle of stare decisis, where lower courts are bound by

…

**Application:** The Supreme Court's decision in 'Mobilox Innovation Private Ltd. Vs. Kirusa

…

## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Shaw Tr…
- **Respondents:** Balaji Paper and…

## Timeline

- **2017-12-13 — Appeal Ta…**: The appeal was taken up, but nobody…
- **2017-12-15 — Case Adjo…**: The case was adjourned to give…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/shaw-traders-vs-balaji-paper-newsprint-pvt-ltd-ca-6e0b4223