# In the matter of Muralya Hotels & Resorts Pvt. Ltd. IBA-79-2019

> NCLT judgment dated 2019-05-28. Citation: TCN-2019-NCLT-03164. The case involves an application under the Insolvency and Bankruptcy Code (IBC). The corporate…

- **Court:** NCLT
- **Order date:** 28 May 2019
- **Citation:** TCN-2019-NCLT-03164
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/muralya-hotels-resorts-pvt-ltd-iba-79-2019-08f06885

## Summary

### Background

The case involves an application under the Insolvency and Bankruptcy Code (IBC). The corporate debtor was initially proceeded against ex-parte. The representative for the corporate debtor requested to set aside the ex-parte order, which was allowed by the court.

## Facts

The case is related to an insolvency application (IBA/79/2019). Initially, the Corporate Debtor was proceeded against ex-parte. The Corporate Debtor's representative requested the court to set aside the ex-parte order. The court allowed this request. The Corporate Debtor then presented a cheque for Rs. 17,85,828/- as full and final settlement of the claim made by the Operational Creditor. The cheque was drawn on Federal Bank. The court disposed of the petition but granted the Operational Creditor the liberty to revive the petition if the cheque is dishonored. The order was passed on 28.05.2019.

## Issues and analysis

### Issue 1: Whether the ex-parte order against the …

**Ratio:** The principle is that parties should be given a fair opportunity to be heard, especially

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**Reasoning:** The court reasoned that setting aside the ex-parte order would allow the Corporate Debtor

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**Interpretation:** This reflects the court's interpretation of procedural fairness and the

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**Application:** The court applied this principle by setting aside the ex-parte order, giving

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## Parties

- **Judges:** Ch. Mohd Sharief…
- **Appellants:** AJAX CONSTRUCTION…
- **Respondents:** MURALYA HOTELS &…

## Timeline

- **2019-04-05 — Order Da…**: The Corporate Debtor was…
- **2019-05-28 — Cheque D…**: The representative for the Corporate Debtor…

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