# In the matter of Noble Consolidated Glazing Ltd. CP-667-IB-2018

> NCLT judgment dated 2018-08-27. Citation: TCN-2018-NCLT-00894. The case involves a petition CP/667/IB/2018 before the National Company Law Tribunal (NCLT),…

- **Court:** NCLT
- **Order date:** 27 Aug 2018
- **Citation:** TCN-2018-NCLT-00894
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/noble-consolidated-glazing-ltd-cp-667-ib-2018-65d8c330

## Summary

### Background

The case involves a petition CP/667/IB/2018 before the National Company Law Tribunal (NCLT), Chennai. The Corporate Debtor was proceeded against ex-parte due to a mistake by the Counsel for the Respondent. The Applicant sought to set aside the ex-parte order.

## Facts

The petition number is CP/667/IB/2018. Fuso Glass India Pvt Ltd is the petitioner, and Noble Consolidated Glazing Ltd is the respondent. The case is under Section 9 Rule 6. The Corporate Debtor was proceeded against ex-parte due to a mistake by the Counsel for the Respondent. The Applicant requested the court to set aside the ex-parte order. The order dated 26.07.2018 was set aside subject to a payment of Rs. 5,000/- to the Applicant's counsel. The matter is posted for arguments on 19.09.2018.

## Issues and analysis

### Issue 1: Whether the ex-parte order against the Corporate Debtor should be set aside due to a mistake by the …

**Ratio:** The principle is that a party should not be penalized for the mistakes of their counsel,

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**Reasoning:** The court reasoned that the Corporate Debtor should not suffer due to the mistake of its

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**Interpretation:** This issue involves interpreting the principles of natural justice and fairness

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

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## Parties

- **Judges:** CH. MOHD SHARIEF…
- **Appellants:** Fuso Glass India…
- **Respondents:** NOBLE CONSOLIDATED…

## Timeline

- **2018-07-26 — Ex-parte…**: The Corporate Debtor was…
- **2018-08-27 — Order Da…**: The court set aside the…

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