# In the matter of Ace Acoustics & Audion Video Solutions Pvt. Ltd. CP (IB) No. 15-GB-2019

> NCLT judgment dated 2019-07-18. Citation: TCN-2019-NCLT-02444. The case involves an application under Section 9 of the Insolvency & Bankruptcy Code, 2016.…

- **Court:** NCLT
- **Order date:** 18 Jul 2019
- **Citation:** TCN-2019-NCLT-02444
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ace-acoustics-audion-video-solutions-pvt-ltd-cp-ib-no-15-gb-2019-6ea14e9b

## Summary

### Background

The case involves an application under Section 9 of the Insolvency & Bankruptcy Code, 2016. M/s. Aurora Accessories Pvt. Ltd., the Operational Creditor, filed a petition against M/s. Ace Acoustics & Audio Video Solutions Pvt. Ltd., the Corporate Debtor. The Corporate Debtor was initially directed to appear on 18.07.2019, but the case was preponed to 11.07.2019, on which date the Corporate Debtor was called absent and the matter was decided ex parte.

## Facts

M/s. Aurora Accessories Pvt. Ltd. filed an application under Section 9 of the Insolvency & Bankruptcy Code, 2016, against M/s. Ace Acoustics & Audio Video Solutions Pvt. Ltd. Mr. D. Gogoi appeared as the learned counsel for the Operational Creditor. Mr. P. Kataki, learned counsel, appeared for the Corporate Debtor and filed the Vakalatnama, but no Board Resolution supporting the Vakalatnama was filed. The Corporate Debtor was initially directed to appear on 18.07.2019. However, the case was preponed to 11.07.2019, and the Corporate Debtor was called absent and the case was decided ex parte on that day. The court found that this preponement and ex parte decision could cause injustice to the Corporate Debtor.

## Issues and analysis

### Issue 1: Whether the order dated 11.07.2019 should be recalled …

**Ratio:** The principle of natural justice dictates that parties should have a fair opportunity to

…

**Reasoning:** The court reasoned that the Corporate Debtor was directed to appear on 18.07.2019, but

…

**Interpretation:** This interprets the principles of natural justice and fairness in judicial

…

**Application:** The court applied this principle to the specific facts, noting that the

…

## Parties

- **Judges:** Jinan…
- **Appellants:** M/s. Aurora…
- **Respondents:** M/s. Ace Acoustics…

## Timeline

- **2019-07-11 — Previous…**: The case was preponed, and an ex parte order…
- **2019-07-18 — Scheduled App…**: The Corporate Debtor was initially…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/ace-acoustics-audion-video-solutions-pvt-ltd-cp-ib-no-15-gb-2019-6ea14e9b