# In the matter of Esskay Motors Pvt. Ltd. MA 938-2018 in C.P. No.(IB) 1076(MB)-2017

> NCLT judgment dated 2019-04-15. Citation: TCN-2019-NCLT-03890. The case pertains to MA 938/2018 filed under Section 43 of the Insolvency and Bankruptcy Code…

- **Court:** NCLT
- **Order date:** 15 Apr 2019
- **Citation:** TCN-2019-NCLT-03890
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/esskay-motors-pvt-ltd-ma-938-2018-in-cp-noib-1076mb-2017-14b162a7

## Summary

### Background

The case pertains to MA 938/2018 filed under Section 43 of the Insolvency and Bankruptcy Code (IBC), 2016. The ex-CMD of the Corporate Debtor, Mr. C.K. Prakash, appeared in court.

## Facts

MA 938/2018 was filed by the Liquidator under Section 43 of the IBC, 2016. Mr. C.K. Prakash, the ex-CMD of the Corporate Debtor, was present in court and requested time to file a reply to the application. The court then directed the filing of a counter affidavit within 15 days and a rejoinder, if any, within 7 days thereafter. Both parties were instructed to submit hard and soft copies of their written submissions. The case was listed for further hearing on 2019-05-06. The presence of the ex-CMD indicates an active involvement of the Corporate Debtor in the proceedings.

## Issues and analysis

### Issue 1: Whether the ex-CMD of the Corporate Debtor should be granted time to file a reply to the …

**Ratio:** The court has the discretion to grant parties reasonable time to respond to applications,

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**Reasoning:** The court allowed the ex-CMD time to file a reply, acknowledging the need for the

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**Interpretation:** This reflects the principle of natural justice, allowing parties to be heard

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**Application:** The court's decision to grant time to the ex-CMD to file a reply is a direct

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## Parties

- **Judges:** V. P. S…; Ravikumar…; +1 more
- **Appellants:** HDFC Bank…
- **Respondents:** Esskay Motors Pvt…

## Timeline

- **2017-01-01 — C.P. No.(IB)1076(MB)/201…**: Case filed with C.P.…
- **2018-01-01 — MA 938/2…**: MA 938/2018…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 43 — Preferential transactions and relevant time](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-43)

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