# In the matter of Sri Santosh Kumar Pareek Vs. Sri Kailash Chandra Agrawal CA(AT)(Insolvency) No. 704-2018

> NCLAT judgment dated 2018-11-13. Citation: TCN-2018-NCLAT-00059. The case involves a Company Appeal (AT) (Insolvency) No. 704 of 2018 before the National…

- **Court:** NCLAT
- **Order date:** 13 Nov 2018
- **Citation:** TCN-2018-NCLAT-00059
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/sri-santosh-kumar-pareek-vs-sri-kailash-chandra-agrawal-ca-5e9f5389

## Summary

### Background

The case involves a Company Appeal (AT) (Insolvency) No. 704 of 2018 before the National Company Law Appellate Tribunal, New Delhi. Sri Santosh Kumar Pareek is the Appellant, and Sri Kailash Chandra Agrawal (Proprietor of M/s Kishore and Company) is the Respondent. The case is related to insolvency proceedings.

## Facts

Sri Santosh Kumar Pareek filed an appeal against Sri Kailash Chandra Agrawal (Proprietor of M/s Kishore and Company) before the National Company Law Appellate Tribunal, New Delhi, under Company Appeal (AT) (Insolvency) No. 704 of 2018. The respondent, Sri Kailash Chandra Agrawal, accepted the notice. The court granted the respondent two weeks to file a reply affidavit and the appellant one week to file a rejoinder. The case was scheduled for admission on December 14, 2018. The Interim Resolution Professional was instructed to ensure the company's continued operation and was authorized to take assistance from the suspended Board of Directors. The order also allowed the Corporate Debtor's bank accounts to be operated for day-to-day functioning, including payment of

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## Issues and analysis

### Issue 1: Whether the respondent should be …

**Ratio:** Procedural fairness requires granting

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**Reasoning:** The court granted the respondent two weeks to file a reply affidavit to ensure they have

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**Interpretation:** This reflects the principle of natural justice, ensuring both parties have a

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**Application:** The respondent was given two weeks to prepare and submit their affidavit,

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Santosh Kumar…
- **Respondents:** Kailash Chandra…

## Timeline

- **2018-11-13 — Order Da…**: Mr. Akash Sharma, Pr. CS accepts notice on behalf of Respondent. Respondent is allowed…
- **2018-12-14 — Case for Ad…**: Post the case ‘for…

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