# In the matter of Cethar Ltd. (V. Nagarajan Vs. K. Subburaj & Anr.) CA 39-IB-2018 IN CP-511-(IB)-2017

> NCLT judgment dated 2018-03-19. Citation: TCN-2018-NCLT-01690. The case involves a direction given to the Counsel for the RP (Resolution Professional) to…

- **Court:** NCLT
- **Order date:** 19 Mar 2018
- **Citation:** TCN-2018-NCLT-01690
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/cethar-ltd-v-nagarajan-vs-k-subburaj-anr-ca-39-ib-2018-in-cp-511-58cd5068

## Summary

### Background

The case involves a direction given to the Counsel for the RP (Resolution Professional) to ensure the RP's presence before the Bench to receive documents from the Respondent. Despite the direction, the RP failed to appear.

## Facts

The court directed the RP to be present to receive documents from the Respondent. The Respondent brought the documents and paid transport charges. The RP did not appear despite the direction. The court imposed a cost of Rs. 10,000 on the RP for non-compliance with the order. The Counsel for the RP was directed to receive the documents and take them to the Registered Office of the Corporate Debtor, and file an affidavit of compliance.

## Issues and analysis

### Issue 1: Whether the RP's failure to appear despite a …

**Ratio:** A party's failure to comply with a court order can result in the imposition of costs to

…

**Reasoning:** The court reasoned that the RP's absence, despite a clear direction to be present, caused

…

**Interpretation:** This interprets the court's power to enforce its orders and ensure parties

…

**Application:** The RP's failure to appear despite the court's order directly led to the

…

## Parties

- **Judges:** Ch. Mohd Sharief…
- **Appellants:** V. Naga…
- **Respondents:** K.SUBB…

## Timeline

- **2018-03-09 — Previous…**: The court directed the Counsel for the RP to keep the RP present to receive documents…
- **2018-03-19 — Current H…**: The RP was absent despite the previous order. The Respondents brought the documents. The…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60 — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/cethar-ltd-v-nagarajan-vs-k-subburaj-anr-ca-39-ib-2018-in-cp-511-58cd5068