# In the matter of Suman Sehgal Vs. Mahender Kumar & Ors. Company Appeal (AT) (Ins.) No. 592 of 2021

> NCLAT judgment dated 2021-08-12. Citation: TCN-2021-NCLAT-00138. 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-00138
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/suman-sehgal-vs-mahender-kumar-ors-company-appeal-1ac7f1ec

## 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, filing of reply affidavit, and hard copies of documents. The matter is related to an impugned order dated 06.07.2021 concerning the Committee of Creditors (CoC).

## 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 court heard the Learned Counsel for the Appellant and directed them to take steps to issue notice to Respondent Nos. 1 to 3. The Respondent's counsel was directed to file a hard copy of the Reply Affidavit within three weeks. The Appellant's counsel was directed to file a hard copy of the Rejoinder within two weeks thereafter. The impugned order is dated 06.07.2021, and it concerns the Committee of Creditors (CoC). The matter is listed for admission on 14th September, 2021, and the functioning of the CoC is stayed until that date.

## Issues and analysis

### Issue 1: Whether the Learned Counsel for the Appellant should take steps to issue notice to Respondent Nos. …

**Ratio:** The principle of natural justice requires that all parties to a legal proceeding be given

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**Reasoning:** The court directed the Appellant's counsel to issue notice to the Respondents to ensure

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**Interpretation:** Issuance of notice is a fundamental requirement for due process, ensuring that

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**Application:** The Appellant's counsel is required to take the necessary steps to serve notice

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## Parties

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

## Timeline

- **2021-07-06 — Impugned Ord…**: Date of the Impugned Order concerning…
- **2021-08-12 — Order Da…**: Court heard Learned Counsel for the…

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