# In the matter of Karmah Eximpp Ltd. C.P. (IB)-3209-MB-2018

> NCLT judgment dated 2019-05-06. Citation: TCN-2019-NCLT-03452. The case pertains to an application under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 6 May 2019
- **Citation:** TCN-2019-NCLT-03452
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/karmah-eximpp-ltd-cp-ib-3209-mb-2018-66568895

## Summary

### Background

The case pertains to an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, filed before the National Company Law Tribunal (NCLT), Mumbai Division-II. The application number is C.P. (IB)-3209/MB/2018. The hearing was conducted by a bench of the NCLT, Mumbai, on May 6, 2019.

## Facts

The case involves an insolvency application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The petitioner's counsel was present at the hearing, while the Corporate Debtor was not represented despite being served notice via newspaper publication. The petitioner's counsel stated that they were willing to give up the interest claim of Rs. 3,59,542 because there is no provision for charging interest. The petitioner has restricted the claim to Rs. 20,54,567. The case was reserved for orders.

## Issues and analysis

### Issue 1: Whether the application under Section 9 of the Insolvency and Bankruptcy Code, 2016 is maintainable …

**Ratio:** The principle of natural justice requires that all parties be given an opportunity to be

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**Reasoning:** The court noted that the Corporate Debtor was served notice through publication in

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**Interpretation:** The interpretation of the law is that once due notice is served, the absence of

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**Application:** In this case, since the Corporate Debtor was served notice through publication

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## Parties

- **Judges:** Bhaskara Pantula…; V. Nallasen…
- **Appellants:** RDC Concrete…
- **Respondents:** KarmahExim…

## Timeline

- **2018-01-01 — Filing of App…**: C.P. (IB)-3209/MB/2018…
- **2019-05-06 — Hearing…**: Hearing of the Mumbai Bench of 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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