# In the matter of Nayati Healthcare & Research NCR Pvt. Ltd. (IB)-226(ND)-2019

> NCLT judgment dated 2019-07-09. Citation: TCN-2019-NCLT-02618. The case pertains to an application under Section 9 of the Insolvency and Bankruptcy Code…

- **Court:** NCLT
- **Order date:** 9 Jul 2019
- **Citation:** TCN-2019-NCLT-02618
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/nayati-healthcare-research-ncr-pvt-ltd-ib-226nd-2019-92920bc8

## Summary

### Background

The case pertains to an application under Section 9 of the Insolvency and Bankruptcy Code (IBC). The Corporate Debtor was given a final opportunity to file a reply by 20.05.2019, with a one-week deadline. However, the reply was filed on 08.07.2019, exceeding the stipulated time. The applicant's counsel states that an appeal has been filed before the NCLAT challenging the order dated 09.05.2019, which allowed the transfer of applications from Bench No. 2 to Bench No. 4 of New Delhi. The Corporate Debtor's counsel states that the appeal is under objection and is being pursued.

## Facts

Godraj & Boyce Mfg. Co. Ltd. filed an application against Nayati Healthcare & Research NCR Pvt Ltd under Section 9 of the IBC. The Corporate Debtor, Nayati Healthcare, was given a last chance to file a reply by 20.05.2019, with a one-week deadline. The reply was filed on 08.07.2019, which was beyond the stipulated time. The applicant's counsel stated that an appeal was filed before the NCLAT challenging the order dated 09.05.2019, which allowed the transfer of applications from Bench No. 2 to Bench No. 4 of New Delhi. The Corporate Debtor's counsel stated that the appeal is under objection and is being pursued. The court directed that the reply be taken on record subject to the payment of Rs. 10,000/- to the Prime Minister's Relief Fund.

## Issues and analysis

### Issue 1: Whether the delayed reply filed by the …

**Ratio:** The court has the discretion to allow delayed filings, especially when it serves the

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**Reasoning:** The court considered the delay in filing the reply but decided to take it on record,

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**Interpretation:** The court interprets its power to regulate proceedings to include the ability

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**Application:** The court applied the ratio by allowing the delayed reply to be taken on

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## Parties

- **Judges:** DEEPTI M…; Pradeep R.…
- **Appellants:** Godraj & Boyce…
- **Respondents:** Nayati Healthcare…

## Timeline

- **2019-05-09 — Order by Hon'ble…**: Order passed by Hon'ble Principal Bench allowing the transfer of applications from Bench…
- **2019-05-20 — Last Chance to File…**: Corporate Debtor was given last…

## 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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