# In the matter of AM Clear Air Engineering Pvt. Ltd. IBA-202-2019

> NCLT judgment dated 2019-04-30. Citation: TCN-2019-NCLT-03607. The case involves an application before the National Company Law Tribunal (NCLT), Chennai. The…

- **Court:** NCLT
- **Order date:** 30 Apr 2019
- **Citation:** TCN-2019-NCLT-03607
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/am-clear-air-engineering-pvt-ltd-iba-202-2019-ee5e3481

## Summary

### Background

The case involves an application before the National Company Law Tribunal (NCLT), Chennai. The counsel appearing for the Corporate Debtor stated that he is not holding Vakalatnama and is simply representing the arguing counsel. The Corporate Debtor has filed an impleadment application for the inclusion of a third person as a party to the proceeding. The court observed that the Corporate Debtor is attempting to delay the matter.

## Facts

The counsel for the Corporate Debtor appeared without holding Vakalatnama, stating he was representing the arguing counsel. The Corporate Debtor filed an impleadment application to include a third party in the proceedings. The court noted that the Corporate Debtor's actions appeared to be an attempt to delay the matter. The court observed that under the IBC, a party cannot file an impleadment or maintainability application. The court also expressed concern about the practice of sending someone else to take adjournments.

## Issues and analysis

### Issue 1: Whether the Corporate Debtor's filing of an …

**Ratio:** Law under IBC does not permit a party to file impleadment application or maintainability

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**Reasoning:** The court stated that the law under the IBC does not allow a party to file an impleadment

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**Interpretation:** The interpretation of the IBC is that it restricts parties from filing

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**Application:** The Corporate Debtor's impleadment application is not permissible under the

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## Parties

- **Judges:** B.S.V. Prakash…; S. VIJAYARA…
- **Appellants:** ETA Engineering…
- **Respondents:** AM CLEAR AIR…

## Timeline

- **2019-04-30 — Hearing…**: Hearing held at 10.30…
- **2019-05-28 — Next Hearin…**: Matter listed for hearing, directing the…

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