# In the matter of Wianxx Impex Pvt. Ltd. Vs. Srei Equipment Finance Ltd. CA (AT) No. 446-2018

> NCLAT judgment dated 2018-08-10. Citation: TCN-2018-NCLAT-00150. The case involves an appeal against an order where the appellant, Wianxx Impex Pvt. Ltd., was…

- **Court:** NCLAT
- **Order date:** 10 Aug 2018
- **Citation:** TCN-2018-NCLAT-00150
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/wianxx-impex-pvt-ltd-vs-srei-equipment-finance-ltd-ca-e6ecb6c5

## Summary

### Background

The case involves an appeal against an order where the appellant, Wianxx Impex Pvt. Ltd., was prohibited from filing objections in a Corporate Insolvency Resolution Process initiated by the respondent, Srei Equipment Finance Ltd., under Section 7 of the Insolvency and Bankruptcy Code, 2016. The Adjudicating Authority (National Company Law Tribunal) had issued a notice to the appellant, but the case was not admitted by the impugned order dated 30th July, 2018. The Adjudicating Authority had directed the filing of an additional affidavit and certificate admissible under evidence.

## Facts

Srei Equipment Finance Limited filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process against Wianxx Impex Pvt. Ltd. The Adjudicating Authority (National Company Law Tribunal) issued a notice to Wianxx Impex Pvt. Ltd. However, the case was not admitted by the impugned order dated 30th July, 2018. The impugned order prohibited Wianxx Impex Pvt. Ltd. from filing any objection. The Adjudicating Authority had directed the filing of an additional affidavit and certificate admissible under evidence, as per an order dated 11.07.2018. The appellant argued that prohibiting objections violated the principle of natural justice. The respondent argued that an affidavit of compliance was requested to

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in prohibiting the Corporate Debtor (Wianxx Impex Pvt. …

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

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**Reasoning:** The court reasoned that prohibiting the Corporate Debtor from filing objections violated

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**Interpretation:** The interpretation of the principle of natural justice and the Supreme Court's

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**Application:** In this case, the Adjudicating Authority's prohibition of objections from

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Respondents:** Wianxx Impex Pvt.…; SREI EQUIPMENT…
- **Advocates:** Muneesh Ma…; Rajat Bha…; +5 more

## Timeline

- **2018-07-30 — Impugned Ord…**: The Adjudicating Authority passed an impugned order prohibiting the appellant from filing…
- **2018-07-11 — Order for Additional…**: The Adjudicating Authority ordered the filing of an additional affidavit and certificate…

## 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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