# In the matter of Cookme (Spice) Private Limited CA(IB) No.987-KB-2018 In CP(IB)No.202-KB-2018

> NCLT judgment dated 2018-12-07. Citation: TCN-2018-NCLT-00147. This case involves an application by Cookme (Spice) Private Limited, the Corporate Debtor, to…

- **Court:** NCLT
- **Order date:** 7 Dec 2018
- **Citation:** TCN-2018-NCLT-00147
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/cookme-spice-private-limited-caib-no987-kb-2018-in-cpibno202-kb-2018-11c03c21

## Summary

### Background

This case involves an application by Cookme (Spice) Private Limited, the Corporate Debtor, to set aside an ex-parte order admitting them into Corporate Insolvency Resolution Process (CIRP) based on an application filed by Sanjay Stores, the Operational Creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Corporate Debtor argued that they were not duly served notice and that their advocate's absence should not result in them suffering CIRP. The Adjudicating Authority had previously admitted the Operational Creditor's application on 29.10.2018.

## Facts

Sanjay Stores, an Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Cookme (Spice) Private Limited, the Corporate Debtor. The Adjudicating Authority admitted the application on 29.10.2018, initiating Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor. Cookme (Spice) Private Limited then filed an application to set aside the ex-parte order, claiming lack of proper notice and citing the absence of their advocate. The Corporate Debtor had previously filed an appeal against the order but withdrew it without informing the Adjudicating Authority. The Operational Creditor argued that the Corporate Debtor was using delaying tactics to avoid payment. The Corporate Debtor's advocate, Smt.

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor was duly served …

**Ratio:** Rule 49(2) of the National Company Law Tribunal Rules allows the Tribunal to set aside an

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**Reasoning:** The Adjudicating Authority found that the Corporate Debtor was served with notice of the

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**Interpretation:** Rule 49(2) provides a mechanism to rectify situations where a party is unfairly

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**Application:** In this case, the Corporate Debtor's claim of lack of notice was rejected

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## Parties

- **Judges:** Madan B.…
- **Respondents:** Cookme (Spice)…; Sanjay S…

## Timeline

- **2018-10-29 — Admission of Operational…**: The Adjudicating Authority admitted the Operational Creditor's application to start…
- **2018-08-27 — Advocate's…**: The advocate appointed by the Corporate Debtor did not appear before the Adjudicating…

## 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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