# In the matter of Charming Apparels Pvt. Ltd. (Rachna Sarees Vs. Charming Apparels Pvt. Ltd.) (IB)-348-(ND)-2017

> NCLT judgment dated 2018-07-17. Citation: TCN-2018-NCLT-01130. The case involves M/s. Rachna Sarees Vs. Charming Apparels Pvt. Ltd. A petition under Section 9…

- **Court:** NCLT
- **Order date:** 17 Jul 2018
- **Citation:** TCN-2018-NCLT-01130
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/charming-apparels-pvt-ltd-rachna-sarees-vs-charming-apparels-pvt-ltd-1cb6073f

## Summary

### Background

The case involves M/s. Rachna Sarees Vs. Charming Apparels Pvt. Ltd. A petition under Section 9 of the IBC was admitted by the bench on December 8, 2017, but this was not reflected on the cause list of that date. The Bench Officer informed the Bench that the order was uploaded on January 19, 2018. The counsels stated that they did not receive any intimation and were unaware of the petition being admitted.

## Facts

M/s. Rachna Sarees filed a petition against Charming Apparels Pvt. Ltd. under Section 9 of the IBC. The petition was admitted on December 8, 2017, by a bench including Mr. S. K. Mohapatra. However, the admission was not reflected on the cause list of that date. The order was uploaded on January 19, 2018. The counsels claimed they received no intimation and were unaware of the petition's admission. The IRP was present in court.

## Issues and analysis

### Issue 1: Whether the admission of the petition under Section 9 of the IBC was valid given the procedural …

**Ratio:** The validity of the admission hinges on adherence to procedural requirements and

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**Reasoning:** The court acknowledged the procedural lapse of not reflecting the admission on the cause

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**Interpretation:** Section 9 of the IBC requires adherence to procedural norms to ensure fair

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**Application:** Given the procedural irregularities, the court directed the case to be relisted

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## Parties

- **Judges:** DeepaKr…; Ina Mal…
- **Appellants:** M/s. Rachna…
- **Respondents:** Charming Apparels…

## Timeline

- **2017-12-08 — Petition Ad…**: Petition under Section 9 of…
- **2018-01-19 — Order Upl…**: Order regarding the…

## 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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