# In the matter of Suspended Director of J.R. Modi
Associates Ltd.
Vs.
Kaliber Associates Pvt. Ltd. 
Through Its Liquidator Mohan Lal Jain & Anr. Company Appeal (AT) (Insolvency) No. 443  & 523 of 2022

> NCLAT judgment dated 2022-05-27. Citation: TCN-2022-NCLAT-00455. The case involves two appeals, CA (AT) (Ins) No. 443 of 2022 and CA (AT) (Ins) No. 523 of…

- **Court:** NCLAT
- **Order date:** 27 May 2022
- **Citation:** TCN-2022-NCLAT-00455
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/suspended-director-of-jr-modi-associates-ltd-vs-kaliber-associates-pvt-ltd-throu-0a7f4c1f

## Summary

### Background

The case involves two appeals, CA (AT) (Ins) No. 443 of 2022 and CA (AT) (Ins) No. 523 of 2022, which are interconnected. The Appellant, Surender Modi, challenged an ex-parte order passed against the Corporate Debtor. The Corporate Debtor claimed to have filed a reply to the application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) but it was not attached to the main file. The Tribunal proceeded ex-parte against the Corporate Debtor. The Appellant filed an application to set aside the ex-parte order, which was dismissed. The Corporate Insolvency Resolution Process (CIRP) was initiated, and a Committee of Creditors (COC) was constituted.

## Facts

Surender Modi, the Appellant and Suspended Director of J.R. Modi Associates Ltd., filed appeals against orders related to insolvency proceedings. Kaliber Associates Pvt. Ltd., through its Liquidator Mohan Lal Jain & Anr., was the Respondent. The Corporate Debtor filed a reply on 12.08.2021 within the time provided by the Tribunal, along with an advance copy to the Appellant and payment of costs. However, the reply was not attached to the main file. The Tribunal passed an order on 23.09.2021, proceeding ex-parte against the Corporate Debtor. The Appellant's application to set aside the ex-parte order was dismissed on 21.02.2022. The Corporate Insolvency Resolution Process (CIRP) was initiated on 31.03.2022, and a Committee of Creditors (COC) was constituted on

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## Issues and analysis

### Issue 1: Whether the Appellant (Corporate Debtor) contesting the application filed under Section 7 of the …

**Ratio:** The ratio is that parties should be given an equal opportunity to contest litigation

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**Reasoning:** The Tribunal reasoned that it was magnanimous enough to grant one last opportunity to the

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**Interpretation:** The interpretation is that the principles of natural justice require that

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**Application:** In this case, the Appellant had filed the reply and paid the cost, but the

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## Parties

- **Judges:** Rakesh Kuma…; Shreesha…
- **Appellants:** Surender…
- **Respondents:** J.R. Modi…; Kaliber Associates…

## Timeline

- **2021-08-03 — Tribunal…**: The Tribunal granted the Corporate Debtor a last chance to file a reply subject to a cost…
- **2021-08-12 — Reply Fi…**: The Corporate Debtor filed…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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