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

> NCLT judgment dated 2019-04-16. Citation: TCN-2019-NCLT-03841. 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-03841
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/aditya-vidyut-appliances-ltd-cp-ib193mb-2019-f7cce2c9

## Summary

### Background

The case pertains to CP (IB)193(MB)/2019 before the Mumbai Bench of the National Company Law Tribunal (NCLT). 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 had directed the serving of the court notice.

## Facts

The Operational Creditor initiated proceedings against the Corporate Debtor, Easun- Mr. Tap Changes Private Limited, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The counsel for the Operational Creditor filed an affidavit of service. The affidavit revealed that the Petitioner had not served the court notice on the Corporate Debtor, Aditya Vidyut Aplliances Ltd. An earlier direction for serving the court notice was issued on 20.2.2019. As of the current hearing, the court notice remained unserved. The court then directed the Petitioner to serve the notice and file an affidavit of service within seven days.

## Issues and analysis

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

**Ratio:** The ratio is that proper service of notice is a fundamental requirement of due process

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**Reasoning:** The court's reasoning is based on the affidavit of service filed by the Operational

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**Interpretation:** The interpretation is that the Insolvency and Bankruptcy Code, 2016, mandates

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**Application:** The ratio and reasoning are applied to the specific facts of the case, where

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## Parties

- **Judges:** V. P. S…; Ravikumar…; +1 more
- **Respondents:** Easun- Mr. Tap…; Aditya Vidyut…

## Timeline

- **2019-02-20 — Previous…**: Court issued a direction…
- **2019-04-16 — Hearing…**: Hearing of Mumbai Bench of the…

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