# In the matter of Mandhana Industries Ltd.

> NCLT judgment dated 27 Feb 2024. Citation: TCN-2024-NCLT-02382. This application, IA 2909/2022, was filed by Indian Bank, the applicant, in IA 1845/2022,…

- **Court:** NCLT
- **Order date:** 27 Feb 2024
- **Citation:** TCN-2024-NCLT-02382
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/mandhana-industries-ltd-5ff22ff6

## Summary

### Background

This application, IA 2909/2022, was filed by Indian Bank, the applicant, in IA 1845/2022, which was originally filed by Dev Land and Housing Private Limited in the corporate insolvency resolution process (CIRP) of Mandhana Industries Limited (Corporate Debtor). The Indian Bank sought the recall or modification of an ex-parte order dated September 20, 2022. This ex-parte order had directed Indian Bank to hand over title deeds and other requisite documents to the Successful Resolution Applicant (SRA) and to issue a no-dues certificate. The Indian Bank also requested an opportunity to file its affidavit in reply, to be heard on IA 1845/2022, and sought the imposition of heavy costs on the respondent for allegedly misrepresenting the Tribunal and obtaining the ex-parte

…

## Facts

Indian Bank, the applicant, filed IA 2909/2022 in IA 1845/2022, which was originally filed by Dev Land and Housing Private Limited in the matter of Mandhana Industries Limited (Corporate Debtor). The application sought the recall or modification of an ex-parte order dated September 20, 2022. This order had directed Indian Bank to hand over title deeds and other requisite documents to the Successful Resolution Applicant and to issue a no-dues certificate. Indian Bank also requested an opportunity to file an affidavit in reply and sought the imposition of heavy costs on the respondent for alleged misrepresentation.

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## Issues and analysis

### Issue 1: Whether the ex-parte order dated September 20, 2022, should be recalled or modified due to lack of…

**Ratio:** An ex-parte order passed after providing sufficient opportunities for appearance and…

**Reasoning:** The Tribunal found that Indian Bank, the applicant, had consistently failed to appear on…

**Interpretation:** The Tribunal interpreted **Rule 37 of the NCLT Rules, 2016**, which mandates…

**Application:** Given that Indian Bank had received email notices and the matter was listed…

## Parties

- **Judges:** Prabhat…; V.G. B…
- **Advocates:** For the Applicant:…; For the Respondent…; +1 more

## Timeline

- **May 19, 2021 — NCLT Approval of…**: The NCLT approved the Resolution…
- **June 23, 2022 — IA 1845/202…**: Dev Land and Housing Pvt. Ltd. (Respondent) filed IA 1845/2022, and a copy was served to…

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