# In the matter of Sitaraganj Fibers Ltd. CA No. 189-2019 in CP No. (IB)390-ALD-2018

> NCLT judgment dated 2019-07-23. Citation: TCN-2019-NCLT-02354. The case pertains to CP No. (IB) 390/ALD/2018 and CA No. 189/2019 before the Allahabad Bench of…

- **Court:** NCLT
- **Order date:** 23 Jul 2019
- **Citation:** TCN-2019-NCLT-02354
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/sitaraganj-fibers-ltd-ca-no-189-2019-in-cp-no-ib390-ald-2018-fc193675

## Summary

### Background

The case pertains to CP No. (IB) 390/ALD/2018 and CA No. 189/2019 before the Allahabad Bench of the National Company Law Tribunal. The application in CA No. 189/2019 is filed under Section 19(2) of the IBC seeking certain direction to be issued against the ex-Director of the Suspended Management. The RP in the application has mentioned the corporate debtor as Respondent, but its ex-Director/Member of the Suspended Management are not formally impleaded.

## Facts

The case involves an application filed under Section 19(2) of the IBC seeking directions against the ex-Director of the Suspended Management. The RP mentioned the corporate debtor as the Respondent in the application. However, the ex-Director/Member of the Suspended Management was not formally impleaded. This is a key fact because the court found it necessary for the applicant to implead the proper party against whom the direction is being sought.

## Issues and analysis

### Issue 1: Whether the applicant should be allowed to amend the application to implead the proper party …

**Ratio:** The ratio is based on the principle that all necessary parties must be properly impleaded

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**Reasoning:** The court reasoned that since the ex-Director/Member of the Suspended Management was not

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**Interpretation:** The interpretation of Section 19(2) of the IBC is that it allows for seeking

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**Application:** The court applied the ratio and reasoning to the specific facts of the case by

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## Parties

- **Judges:** Saroj Ra…; Harihar Prakash…
- **Appellants:** Punjab National…
- **Respondents:** Sitarganj Fibres…

## Timeline

- **2019-07-23 — Hearing…**: Hearing of Allahabad Bench of the…
- **2019-08-16 — Next Hearin…**: The matter is listed on…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 19(2) — Personnel to extend co-operation to interim…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-19)

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