# In the matter of Bevcon Wayors Private Limited IA No. 453-2018 In CP(IB) No. 219-09-HDB-2018

> NCLT judgment dated 2018-11-30. Citation: TCN-2018-NCLT-00249. The case involves an application (IA No. 453/2018) filed in a company petition (CP(IB) No.…

- **Court:** NCLT
- **Order date:** 30 Nov 2018
- **Citation:** TCN-2018-NCLT-00249
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/bevcon-wayors-private-limited-ia-no-453-2018-in-cpib-no-219-09-hdb-2018-9f5bfbf7

## Summary

### Background

The case involves an application (IA No. 453/2018) filed in a company petition (CP(IB) No. 219/09/HDB/2018) under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Avishkar Industries Pvt Ltd (operational creditor) against Bevcon Wayors Pvt Ltd (corporate debtor). The operational creditor sought to initiate CIRP against the corporate debtor. The application in question pertains to seeking permission to submit additional documents (S.No. 523 to 863 under Annexure-V & VI) at a late stage in the proceedings.

## Facts

Avishkar Industries Pvt Ltd, the operational creditor, filed a company petition (CP(IB) No. 219/09/HDB/2018) under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Bevcon Wayors Pvt Ltd, the corporate debtor, to initiate CIRP. Subsequently, Avishkar Industries filed IA No. 453/2018 seeking permission to submit additional documents (S.No. 523 to 863 under Annexure-V & VI), claiming they contain essential correspondence. Bevcon Wayors opposed this application, arguing the documents were irrelevant, the operational creditor failed to explain the delay in filing them, and the application aimed to circumvent Section 9 requirements. The date of hearing was 23.10.2018 and 15.11.2018. The order was pronounced on 30th November, 2018.

## Issues and analysis

### Issue 1: Whether the operational creditor should be allowed to submit additional documents at this stage of …

**Ratio:** The Tribunal has the discretion to allow the submission of additional documents if they

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**Reasoning:** The Tribunal reasoned that the documents might be necessary for a comprehensive

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**Interpretation:** This reflects the court's power to ensure all relevant evidence is considered,

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**Application:** The Tribunal allowed the application, but made the admissibility of the

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## Parties

- **Judges:** Ratakonda…
- **Appellants:** Avishkar Industrie…
- **Respondents:** Bevcon Wayors Pvt…

## Timeline

- **2018-10-23 — Date of H…**: Hearing of th…
- **2018-11-15 — Date of H…**: Hearing of th…

## 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)

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