# In the matter of KND Engineering Technologies Ltd. Misc. A. (IB)No. 708-KB-2019 in C.P. (IB) No. 455-KB-2018

> NCLT judgment dated 2020-03-05. Citation: TCN-2020-NCLT-01621. The case involves Subrata Sarkar versus KND Engineering Technologies Ltd. The document is an…

- **Court:** NCLT
- **Order date:** 5 Mar 2020
- **Citation:** TCN-2020-NCLT-01621
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/knd-engineering-technologies-ltd-misc-a-ibno-708-kb-2019-in-cp-ib-no-455-kb-2018-c801625b

## Summary

### Background

The case involves Subrata Sarkar versus KND Engineering Technologies Ltd. The document is an attendance-cum-order sheet from the National Company Law Tribunal (NCLT), Kolkata Bench, regarding C.P.(IB) No. 455/KB/2018 and Misc.A.(IB)No.708/KB/2019. The hearing took place on March 5th, 2020.

## Facts

The case is between Subrata Sarkar and KND Engineering Technologies Ltd. The hearing was held on March 5, 2020, at 10:30 A.M. under Section 9 of the IBC. Several authorized representatives and counsels appeared on behalf of the respondents. The counsels sought leave to file reply affidavits, which was granted. The applicant was directed to file a rejoinder to the reply affidavits within 7 days. The case was listed for further consideration on April 15, 2020.

## Issues and analysis

### Issue 1: Whether leave should be granted to the counsels …

**Ratio:** The court has the discretion to grant leave for filing affidavits to ensure a fair

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**Reasoning:** The court granted leave to the counsels for R-1 to R-3, R-5, and R-15 to R-19, as well as

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**Interpretation:** The granting of leave to file reply affidavits is a procedural step that allows

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**Application:** In this case, the court applied the principle of allowing parties to present

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## Parties

- **Judges:** Jinan…; Harish Chander…
- **Appellants:** Subrata S…
- **Respondents:** KND Engineering…

## Timeline

- **2020-03-05 — Hearing…**: Hearing held on March…
- **2020-04-15 — Next Hearin…**: Case listed for further…

## 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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