# In the matter of Aditya Vidyut Appliances Ltd. CP (IB)193(MB)-2019

> NCLT judgment dated 2019-04-16. Citation: TCN-2019-NCLT-03848. The case pertains to CP (IB)193(MB)/2019 before the Mumbai Bench of the National Company Law…

- **Court:** NCLT
- **Order date:** 16 Apr 2019
- **Citation:** TCN-2019-NCLT-03848
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/aditya-vidyut-appliances-ltd-cp-ib193mb-2019-825cb88a

## Summary

### Background

The case pertains to CP (IB)193(MB)/2019 before the Mumbai Bench of the National Company Law Tribunal. The Operational Creditor's counsel filed an affidavit of service indicating that the Petitioner had not served the court notice on the Corporate Debtor. An earlier order dated 20.2.2019 directed the serving of the court notice, but it remained unserved.

## Facts

The Operational Creditor filed a case CP (IB)193(MB)/2019. The counsel for the Operational Creditor submitted an affidavit of service. The affidavit indicated that the Petitioner had not served the court notice to the Corporate Debtor. An order was previously issued on 2019-02-20 directing the service of the court notice. As of the current hearing, the court notice had not been served on the Corporate Debtor. The court then directed the Petitioner to serve the court notice on the Corporate Debtor and file an affidavit of service within seven days of service. The case was listed for further hearing on 2019-05-27.

## Issues and analysis

### Issue 1: Whether the Petitioner has properly served the court notice on the Corporate Debtor as required by …

**Ratio:** The fundamental principle of natural justice requires that all parties to a legal

…

**Reasoning:** The court noted that the affidavit of service filed by the Operational Creditor's counsel

…

**Interpretation:** The interpretation of the law requires strict adherence to procedural

…

**Application:** In this case, the Petitioner's failure to serve the court notice on the

…

## Parties

- **Judges:** V. P. S…; RavikumarDu…
- **Respondents:** Easun- Mr. Tap…; Aditya Vidyut…

## Timeline

- **2019-02-20 — Previous…**: Court directed serving court…
- **2019-04-16 — 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)

---

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/aditya-vidyut-appliances-ltd-cp-ib193mb-2019-825cb88a