# In the matter of Hotel Gaudavan Pvt. Ltd. (HGPL)

> NCLT judgment dated 2017-08-16. Citation: TCN-2017-NCLT-00616. The case pertains to Hotel Gaudavan Pvt. Ltd. (HGPL) and involves an application under Section…

- **Court:** NCLT
- **Order date:** 16 Aug 2017
- **Citation:** TCN-2017-NCLT-00616
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/hotel-gaudavan-pvt-ltd-hgpl-a90d457d

## Summary

### Background

The case pertains to Hotel Gaudavan Pvt. Ltd. (HGPL) and involves an application under Section 7 of the Insolvency and Bankruptcy Code, 2016. The application was heard by the National Company Law Tribunal (NCLT), New Delhi, Principal Bench. Arguments were presented, and the application was dismissed with costs.

## Facts

Hotel Gaudavan Pvt. Ltd. (HGPL) is the subject of an application under Section 7 of the Insolvency and Bankruptcy Code, 2016. The application was filed before the National Company Law Tribunal (NCLT), New Delhi. The NCLT, presided over by Chief Justice M.M. Kumar and Hon'ble Member R. Varadharajan, heard arguments and dismissed the application with costs. Shri Harendra Singh Rathore, the applicant, is required to pay Rs. 2 lacs from his personal funds. The costs are to be paid from an account unconnected with the accounts of Hotel Gaudavan Private Limited. C.A. No. 222/2017 and C.A. No. 183/2017 are scheduled for further consideration on 2017-08-29. The learned counsel for the applicant stated that a copy of the reply has been handed over to the other side in the Court

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## Issues and analysis

### Issue 1: Whether the application under Section 7 of the Insolvency and Bankruptcy Code, 2016 against Hotel …

**Ratio:** The ratio is that an application under Section 7 of the IBC must meet specific

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**Reasoning:** The court dismissed the application, implying that the petitioner failed to adequately

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**Interpretation:** Section 7 of the IBC allows a financial creditor to initiate corporate

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**Application:** In this case, the court found that the applicant's evidence was insufficient to

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## Parties

- **Judges:** M. M. K…; R. VARADH…
- **Respondents:** Hotel Gaudavan…; Milind…

## Timeline

- **2017-08-16 — Order Del…**: Order delivered dismissing…
- **2017-08-29 — Further Consi…**: C.A. No. 222/2017 & C.A. No.…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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