# In the matter of Accord Mediplus Pvt. Ltd. CP(IB) 4424(MB)-2018

> NCLT judgment dated 2019-04-08. Citation: TCN-2019-NCLT-04086. The case pertains to CP(IB) 4424(MB)/2018 before the National Company Law Tribunal, Mumbai…

- **Court:** NCLT
- **Order date:** 8 Apr 2019
- **Citation:** TCN-2019-NCLT-04086
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/accord-mediplus-pvt-ltd-cpib-4424mb-2018-22071bb5

## Summary

### Background

The case pertains to CP(IB) 4424(MB)/2018 before the National Company Law Tribunal, Mumbai Bench. The Operational Creditor's counsel has filed an affidavit of service indicating that notice has been served to the Corporate Debtor. However, as of the hearing date, no reply has been filed by the Corporate Debtor, and there is no representation on their behalf.

## Facts

R.K. Gaikwad, the Operational Creditor, initiated proceedings against Accord Mediplus Pvt Ltd, the Corporate Debtor, under Section 9 of the Insolvency & Bankruptcy Code, 2016. The Operational Creditor's counsel filed an affidavit of service, confirming that the Corporate Debtor was served notice. Despite the service of notice, the Corporate Debtor has not filed any reply or made any representation before the tribunal. The absence of a response from the Corporate Debtor is a key fact influencing the tribunal's decision to grant them further time to file a reply.

## Issues and analysis

### Issue 1: Whether the Corporate Debtor was duly served notice of the proceedings initiated by the Operational …

**Ratio:** The principle of natural justice requires that all parties to a legal proceeding must be

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**Reasoning:** The court acknowledges the affidavit of service filed by the Operational Creditor's

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**Interpretation:** The interpretation of 'service' involves not only the physical delivery of

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**Application:** In this case, the affidavit of service provides prima facie evidence of notice.

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## Parties

- **Judges:** V. P. S…; RavikumarDu…
- **Appellants:** R. K. Ga…
- **Respondents:** Accord Mediplus…

## Timeline

- **2019-04-08 — Hearing…**: Hearing of Mumbai Bench of the…
- **2019-06-13 — Next Hearin…**: Case listed 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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