# In the matter of Brij Bhushan Singhal (IB)-997(PB)-2020

> NCLT judgment dated 2020-10-16. Citation: TCN-2020-NCLT-00371. L & T Finance Ltd. filed a company petition against Brij Bhushan Singhal. The Respondent's…

- **Court:** NCLT
- **Order date:** 16 Oct 2020
- **Citation:** TCN-2020-NCLT-00371
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/brij-bhushan-singhal-ib-997pb-2020-c02878f8

## Summary

### Background

L & T Finance Ltd. filed a company petition against Brij Bhushan Singhal. The Respondent's counsel stated that service was not affected against the Respondent. Upon verification of the e-filing, it was noticed that service proof was on page 588, but the volume consisting of page 588 was not seen in the e-filing. Only volume-1 was present, consisting of pages 199. The court was unsure whether service had been affected by the applicant.

## Facts

L & T Finance Ltd. filed a company petition against Brij Bhushan Singhal. The respondent's counsel claimed that service was not properly effected. The court examined the e-filing and found that while the index indicated service proof on page 588, the volume containing that page was missing. Upon verification with the applicant's counsel present, the court confirmed that the respondent had not been served before the petition was filed. This lack of proper service was the key fact leading to the dismissal of the petition.

## Issues and analysis

### Issue 1: Whether the company petition should be dismissed due to the applicant's failure to properly serve …

**Ratio:** Proper service of notice to the respondent is a fundamental requirement for initiating

…

**Reasoning:** The court reasoned that since the respondent was not properly served before the filing of

…

**Interpretation:** The interpretation of procedural law emphasizes the necessity of proper service

…

**Application:** In this case, the applicant's failure to serve the respondent before filing the

…

## Parties

- **Judges:** SH. B.S.V.…; Sh. Hemant Kumar…
- **Appellants:** L & T Finan…
- **Respondents:** Brij Bhushan…
- **Advocates:** Vardhman K…; Ranjana Roy…; +2 more

## Timeline

- **2020-10-16 — Order Del…**: Order delivered on 16.10.2020,…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 95 — Application by creditor to initiate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-95)

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