# In the matter of Ajay Synthetics Pvt. Ltd. IA No. 55-JPR-2019 in IB-62-7-JPR-2018

> NCLT judgment dated 2019-07-25. Citation: TCN-2019-NCLT-02287. The case involves an application under Section 7 of the Insolvency and Bankruptcy Code (IBC),…

- **Court:** NCLT
- **Order date:** 25 Jul 2019
- **Citation:** TCN-2019-NCLT-02287
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ajay-synthetics-pvt-ltd-ia-no-55-jpr-2019-in-ib-62-7-jpr-2018-0d2bd972

## Summary

### Background

The case involves an application under Section 7 of the Insolvency and Bankruptcy Code (IBC), 2016. The original applicant, Gulab Devi Mutha, has passed away. Her son, Gyan Chand Mutha, seeks to continue the proceedings as her legal heir. The original notarized Will of Gulab Devi Mutha was produced before the National Company Law Tribunal (NCLT), Jaipur.

## Facts

Gulab Devi Mutha filed an application under Section 7 of the IBC, 2016. Gulab Devi Mutha passed away, and her son, Gyan Chand Mutha, sought to be substituted as the applicant to continue the proceedings. The original notarized Will of Gulab Devi Mutha was produced before the Tribunal. Gyan Chand Mutha annexed affidavits/no objection from other legal heirs, specifically four sisters. The respondent's counsel was present. The Tribunal was convinced that Gyan Chand Mutha, as the son and legal heir, had the right to continue the proceedings. The learned counsel for the applicant undertook to file the amended memo of parties and the main application.

## Issues and analysis

### Issue 1: Whether Gyan Chand Mutha, as the son and legal heir of the deceased Gulab Devi Mutha, can be …

**Ratio:** The legal principle is that a legal heir can continue proceedings initiated by a deceased

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**Reasoning:** The Tribunal reasoned that since Gyan Chand Mutha is the son and legal heir of the

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**Interpretation:** This involves interpreting the provisions of the IBC, 2016, regarding the

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

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## Parties

- **Judges:** DEEPTI M…
- **Appellants:** Gulab Devi…
- **Respondents:** Ajay Synthetics…

## Timeline

- **2019-07-19 — Order Da…**: Compliance of the order…
- **2019-07-25 — Order Del…**: Order delivered on 25.07.2019…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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