# In the matter of Baghauli Sugar and Distillery Ltd. IA No. 169 & 224-2021 in CP No.(IB) 342-ALD-2018

> NCLT judgment dated 2021-12-07. Citation: TCN-2021-NCLT-00243. The case involves CP No.(IB) 342/ALD/2018, IA No. 224/2021, and IA No. 169/2021 before the…

- **Court:** NCLT
- **Order date:** 7 Dec 2021
- **Citation:** TCN-2021-NCLT-00243
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/baghauli-sugar-and-distillery-ltd-ia-no-169-224-2021-in-cp-noib-342-ald-2018-1c765480

## Summary

### Background

The case involves CP No.(IB) 342/ALD/2018, IA No. 224/2021, and IA No. 169/2021 before the National Company Law Tribunal, Allahabad Bench. The hearing took place on December 7th, 2021. The case involves Bank of Baroda V/S M/S Baghauli Sugar & Distillery Ltd. Respondent no. 8 is IBBI which is not a necessary party in these proceedings. Therefore, IBBI is hereby dropped from the array of parties. List this matter after completion of pleadings on 25.01.2022.

## Facts

The case involves CP No.(IB) 342/ALD/2018, IA No. 224/2021, and IA No. 169/2021. Bank of Baroda is in a dispute with M/S Baghauli Sugar & Distillery Ltd. Several respondents are involved, including IFCI Limited acting on behalf of the Government of India- Sugar Development Fund (R7). Respondents 1 to 4 have filed reply affidavits. R7 sought time to file a reply affidavit, which was granted. R5 and R6, who are banks, did not file reply affidavits despite being served and were set ex parte. IBBI (R8) was deemed not a necessary party and was dropped from the proceedings. The applicant's counsel submitted that salary and wages have been paid up to June 2021, and the RP's counsel stated that continued payments would be made as funds are released by the CoC Members. The

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## Issues and analysis

### Issue 1: Whether the court should grant time …

**Ratio:** The court has the discretion to grant time for parties to file necessary documents to

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**Reasoning:** The court granted the request for time to file a reply affidavit on behalf of R7 to allow

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**Interpretation:** This reflects the court's commitment to ensuring all parties have an

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**Application:** The court's decision to grant time to R7 is a standard practice to facilitate a

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## Parties

- **Judges:** Rajasekha…; Virendra Kumar…
- **Appellants:** Bank of B…
- **Respondents:** M/S Baghauli…

## Timeline

- **2021-12-07 — Hearing…**: Hearing held on December…
- **2022-01-25 — Next Listin…**: Matter to be listed after completion…

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