# In the matter of Rachna Ether India Pvt. Ltd. CP(IB)-71(MB)-2018

> NCLT judgment dated 2019-07-29. Citation: TCN-2019-NCLT-02236. The case involves a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016.…

- **Court:** NCLT
- **Order date:** 29 Jul 2019
- **Citation:** TCN-2019-NCLT-02236
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/rachna-ether-india-pvt-ltd-cpib-71mb-2018-c5c7698c

## Summary

### Background

The case involves a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Tribunal had directed the Petitioner to serve notice on the Corporate Debtor and file an affidavit of service. The matter was listed on 15.04.2019, and subsequently adjourned to 28.05.2019 due to paucity of time. On 28.05.2019, there was no representation from the Operational Creditor. The Corporate Debtor's counsel was present and requested time to file Vakalatnama, Board Resolution, and reply, which was granted. The matter was then posted to 29.07.2019 for admission.

## Facts

The Operational Creditor filed a petition against Rachna Ether India Pvt. Ltd. under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Tribunal directed the Petitioner to serve notice on the Corporate Debtor and file an affidavit of service, setting a deadline. The case was adjourned due to lack of time. On the adjourned date, the Operational Creditor was not represented. The Corporate Debtor's counsel appeared and requested time to file necessary documents, which was granted. The matter was posted for admission. However, the Operational Creditor failed to serve the petition on the Corporate Debtor despite repeated orders. Due to this failure and the continued absence of representation from the Operational Creditor, the Tribunal dismissed the petition for

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## Issues and analysis

### Issue 1: Whether the petition filed by the Operational Creditor should be admitted despite the failure to …

**Ratio:** The principle of natural justice requires that all parties to a legal proceeding must be

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**Reasoning:** The Tribunal reasoned that the Corporate Debtor was not served with a copy of the

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**Interpretation:** The interpretation of procedural law emphasizes the importance of proper

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**Application:** In this case, the Operational Creditor's failure to serve the petition on the

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## Parties

- **Judges:** Rajasekha…; RavikumarDu…
- **Appellants:** Sachin Che…
- **Respondents:** Rachna Ether…

## Timeline

- **2019-01-29 — Tribunal…**: Tribunal directed the Petitioner to serve notice on the Corporate Debtor and file…
- **2019-04-15 — Hearing…**: Matter listed for hearing,…

## 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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