# In the matter of Suman Sehgal Vs Mahender Kumar & Ors.

> NCLAT judgment dated 2021-08-12. Citation: TCN-2021-NCLAT-00133. The case is an appeal before the National Company Law Appellate Tribunal (NCLAT), New Delhi,…

- **Court:** NCLAT
- **Order date:** 12 Aug 2021
- **Citation:** TCN-2021-NCLAT-00133
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/suman-sehgal-vs-mahender-kumar-ors-a5cdf15e

## Summary

### Background

The case is an appeal before the National Company Law Appellate Tribunal (NCLAT), New Delhi, registered as Company Appeal (AT) (Ins.) No. 592 of 2021. The order pertains to procedural directions given by the court regarding issuance of notice to the respondents and filing of affidavits.

## Facts

The case is Company Appeal (AT) (Ins.) No. 592 of 2021 before the NCLAT, New Delhi. Suman Sehgal is the appellant, and Mahender Kumar & Ors. are the respondents. The appellant's counsel is Mr. Sudeep Dey, Advocate. The court directed the appellant to issue notice to the respondents and file requisites by 17.08.2021. The respondent is directed to file a hard copy of the reply affidavit within three weeks. The Committee of Creditors (CoC) has been constituted, and this information has been communicated to the appellant's counsel. The matter is listed for admission after notice on 14th September 2021. The functioning of CoC shall remain stay till 14th September, 2021. The impugned order is dated 06.07.2021.

## Issues and analysis

### Issue 1: Whether the appellant should be directed to take …

**Ratio:** The court has the power to direct parties to take necessary steps to ensure proper

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**Reasoning:** The court directed the appellant to take steps for issuing notice to the respondents to

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**Interpretation:** This is a standard procedural direction to ensure compliance with principles of

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**Application:** The appellant is required to take steps to issue notice to the respondents,

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## Parties

- **Judges:** Anant Bijay…; Shreesha…; +1 more
- **Appellants:** Suman S…
- **Respondents:** Mahender Kumar &…

## Timeline

- **2021-07-06 — Impugned Ord…**: The Impugned Order was…
- **2021-08-12 — Order Da…**: The court heard the Learned Counsel for…

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