# In the matter of Trident Fabricators Pvt. Ltd. Vs. Hiranmayee Energy Ltd.

> NCLAT judgment dated 2022-08-23. Citation: TCN-2022-NCLAT-00273. This is an appeal filed against the order dated 24.05.2022 passed by the Adjudicating…

- **Court:** NCLAT
- **Order date:** 23 Aug 2022
- **Citation:** TCN-2022-NCLAT-00273
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/trident-fabricators-pvt-ltd-vs-hiranmayee-energy-ltd-d53a4405

## Summary

### Background

This is an appeal filed against the order dated 24.05.2022 passed by the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, Kolkata, regarding I.A. No. 770/KB/2021. The appellant sought directions for the Corporate Debtor to disclose certain documents, which the Adjudicating Authority rejected. The documents requested included detailed balance sheets, ledger accounts, and trial balances from 2015-2016 to 2020-2021.

## Facts

Trident Fabricators Pvt. Ltd. (Appellant) filed an appeal against Hiranmayee Energy Ltd. (Respondent). The appeal contested an order dated 24.05.2022 passed by the Adjudicating Authority (NCLT, Kolkata Bench) in I.A. No. 770/KB/2021. The Appellant sought directions for the Corporate Debtor to disclose documents, including balance sheets, ledger accounts, and trial balances from 2015-2016 to 2020-2021. The Adjudicating Authority rejected the application, citing that the Operational Creditor's case should be tried in Civil Court due to issues of privity of contract. The Adjudicating Authority also noted its limited jurisdiction and the potential detriment to the Corporate Debtor if the requested documents were disclosed. The Appellant argued that Rule 43 of the NCLT

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in rejecting the Appellant's application for directions to …

**Ratio:** The Adjudicating Authority has the discretion to reject applications if there is no

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**Reasoning:** The Adjudicating Authority reasoned that the Operational Creditor's case involved issues

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**Interpretation:** The Adjudicating Authority's power is limited to matters within its

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**Application:** In this case, the Adjudicating Authority correctly rejected the application

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## Parties

- **Judges:** Ashok Bh…; M. Satyanarayana…; +1 more
- **Appellants:** Trident Fabricator…
- **Respondents:** Hiranmayee Energy…

## Timeline

- **2022-05-24 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, passed an…
- **2022-08-23 — Appeal F…**: The appeal was filed against the order dated 24.05.2022 passed by the Adjudicating…

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