# 27th Mar 2019 Aditya Vidyut Appliances Ltd (IB)2802(MB)-2018

> NCLT judgment dated 2019-03-27. Citation: TCN-2019-NCLT-04309. The case pertains to C.P. No.(IB)2802(MB)/2018 before the National Company Law Tribunal (NCLT),…

- **Court:** NCLT
- **Order date:** 27 Mar 2019
- **Citation:** TCN-2019-NCLT-04309
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/27th-mar-2019-aditya-vidyut-appliances-ltd-ib2802mb-2018-35e14111

## Summary

### Background

The case pertains to C.P. No.(IB)2802(MB)/2018 before the National Company Law Tribunal (NCLT), Mumbai Bench. The Corporate Debtor was granted an opportunity to file a reply, subject to payment of Rs. 10,000 as costs to be paid to the Prime Minister's National Relief Fund. The Corporate Debtor's counsel stated that they would not file a reply but had brought the cheque for the cost amount.

## Facts

Oswal Valves Pvt Ltd filed a case against Aditya Vidyut Appliances Ltd under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Corporate Debtor, Aditya Vidyut Appliances Ltd, was given an opportunity to file a reply, conditional on paying Rs. 10,000 to the Prime Minister's National Relief Fund. The Corporate Debtor's counsel stated they would not file a reply but had the cheque for the payment. The NCLT directed the Corporate Debtor to deposit the cost amount immediately and file an affidavit with proof of payment within three days. Both parties were instructed to submit hard and soft copies of their written submissions by 2019-04-01.

## Issues and analysis

### Issue 1: Whether the Corporate Debtor should be directed to deposit the cost amount as previously ordered by …

**Ratio:** The principle of compliance with court orders dictates that parties must adhere to the

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**Reasoning:** The court reasoned that since the Corporate Debtor was given the opportunity to file a

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**Interpretation:** This involves interpreting the court's inherent power to enforce its orders and

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**Application:** The ratio and reasoning are applied to the specific facts by directing the

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## Parties

- **Judges:** V. P. S…; RavikumarDu…
- **Appellants:** Oswal Valves Pvt.…
- **Respondents:** Aditya Vidyut…

## Timeline

- **2019-01-22 — Previous…**: Opportunity for filing reply granted…
- **2019-03-27 — Hearing…**: Hearing of Mumbai Bench of the…

## 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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