# In the matter of Neelam Hotels Private Limited C.P. (IB)-1972(MB)-2018

> NCLT judgment dated 2021-06-08. Citation: TCN-2021-NCLT-02003. The matter pertains to C.P.(IB)-1972(MB)/2018. The case was taken up through virtual hearing.…

- **Court:** NCLT
- **Order date:** 8 Jun 2021
- **Citation:** TCN-2021-NCLT-02003
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/neelam-hotels-private-limited-cp-ib-1972mb-2018-6cd9aa5e

## Summary

### Background

The matter pertains to C.P.(IB)-1972(MB)/2018. The case was taken up through virtual hearing. The Operational Creditor's counsel, Mr. Sagar Divekar, appeared. The Corporate Debtor was not represented. The Operational Creditor's counsel informed that the Corporate Debtor's counsel, Mr. Holamagi, was informed about the hearing via phone and email on 07.06.2021. The matter was taken up suo moto on Board for further hearing on 07.06.2021. An oral order was previously passed on 12.03.2020, accepting the Consent Terms filed by the parties on 12.03.2020, but the Daily Order Sheet could not be signed or uploaded. The Learned Member (Judicial) of the previous Bench was transferred and demitted the office. The signed copy of the order is not available on record.

## Facts

The case C.P.(IB)-1972(MB)/2018 was initiated under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Operational Creditor, Godrej & Boyce Manufacturing Co. Ltd., filed the case against the Corporate Debtor, Neelam Hotels Private Limited. The matter was taken up through virtual hearing. The Operational Creditor's counsel appeared, but the Corporate Debtor was not represented. The Corporate Debtor's counsel was informed about the hearing. An oral order was previously passed on 12.03.2020, accepting the Consent Terms filed by the parties on 12.03.2020, but the Daily Order Sheet could not be signed or uploaded. The previous Bench member was transferred. The signed order was not available on record. The matter was reopened for hearing on the Consent Terms. The

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## Issues and analysis

### Issue 1: Whether the matter should be reopened for hearing …

**Ratio:** The court has the power to reopen a matter if it finds it necessary to consider certain

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**Reasoning:** The court considered the facts and circumstances of the present case and found it

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**Interpretation:** This indicates the court's discretion to review cases based on new developments

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**Application:** The court applied this principle by reopening the case to consider the Consent

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## Parties

- **Judges:** Harihar Prakash…; RavikumarDu…
- **Appellants:** Godrej & Boyce…
- **Respondents:** Neelam Hotels…

## Timeline

- **2020-03-12 — Oral Order…**: An oral order was passed by the previous Bench accepting the Consent Terms filed by the…
- **2020-03-12 — Consent Term…**: The parties filed Consent Terms which…

## 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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