# In the matter of Tiger Steel Engineering (India) Pvt. Ltd. Vs. Batliboi Impex Ltd. CA (AT) No. 318-2018

> NCLAT judgment dated 2018-06-25. Citation: TCN-2018-NCLAT-00240. The case involves an appeal against an order passed under Section 9 of the Insolvency and…

- **Court:** NCLAT
- **Order date:** 25 Jun 2018
- **Citation:** TCN-2018-NCLAT-00240
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/tiger-steel-engineering-india-pvt-ltd-vs-batliboi-impex-ltd-ca-fc6f064b

## Summary

### Background

The case involves an appeal against an order passed under Section 9 of the Insolvency and Bankruptcy Code, 2016, admitting an application by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench. The appellant contends that the order was passed without hearing the 'Corporate Debtor', who intended to settle the dispute. The appellant also argues that the order violates the principle of Natural Justice, citing a decision of the Appellate Tribunal in "Innoventive Industries Ltd. Vs. ICICI Bank".

## Facts

Tiger Steel Engineering (India) Pvt. Ltd. is the 'Corporate Debtor'. Batliboi Impex Limited is the respondent. An order was passed under Section 9 of the Insolvency and Bankruptcy Code, 2016, admitting an application by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench. The 'Corporate Debtor' intended to settle the dispute but was not heard before the order was passed. The appellant claims the order violates the principle of Natural Justice. The appellant's counsel states that two drafts have been prepared and handed over to the respondent's counsel, worth approximately Rs. 28.69 lakhs. The respondent's counsel submits that if a total amount of Rs. 33 lakhs is paid, they have no objection to closing the Resolution Process.

## Issues and analysis

### Issue 1: Whether the impugned order dated 18.05.2018 passed under Section 9 of the Insolvency and Bankruptcy …

**Ratio:** The principle of natural justice requires that parties be given a fair opportunity to be

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**Reasoning:** The court reasoned that a prima facie case was made that the impugned order was passed

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**Interpretation:** The interpretation of the principle of natural justice emphasizes the

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**Application:** In this case, the court applied the principle of natural justice by allowing

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…
- **Respondents:** Tiger Steel…; Batliboi Impex…
- **Advocates:** Arun Kat…; Charu Sa…; +4 more

## Timeline

- **2018-05-18 — Impugned…**: Order passed under Section 9 of the Insolvency and Bankruptcy Code, 2016, admitting the…
- **2018-06-25 — Order Da…**: Learned Senior Counsel for the Appellant is allowed time to file petition for…

## 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)

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