# In the matter of Sri Srivathsa Paper Mills Pvt. Ltd. MA-484-2019 in CP-762-IB-02018

> NCLT judgment dated 2019-06-25. Citation: TCN-2019-NCLT-02785. The case involves an application (MA/484/2019) in relation to a corporate insolvency resolution…

- **Court:** NCLT
- **Order date:** 25 Jun 2019
- **Citation:** TCN-2019-NCLT-02785
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/sri-srivathsa-paper-mills-pvt-ltd-ma-484-2019-in-cp-762-ib-02018-03e00066

## Summary

### Background

The case involves an application (MA/484/2019) in relation to a corporate insolvency resolution process (CP/762/IB/2018). The Resolution Professional and the Counsel for the Resolution Applicant are present. The Counsel for the State Tax Officer is also present. An ex parte order dated 18.06.2019 was previously set aside. The Counsel for TANGEDCO requested that an ex parte order dated 11.06.2019 against TANGEDCO be set aside, stating that the notice was received and referred to the Legal Department for consulting opinion, preventing TANGEDCO's appearance.

## Facts

The Resolution Professional and their counsel, as well as the counsel for the Resolution Applicant, were present. The counsel for the State Tax Officer was also present. An earlier ex parte order dated 18.06.2019 had already been set aside. TANGEDCO's counsel requested the setting aside of an ex parte order dated 11.06.2019, explaining that the notice was received but referred to their Legal Department for consultation, preventing their appearance. The State Tax Department's counsel had appeared on 21.06.2019 and was directed to file an objection, but failed to do so. The court granted a final opportunity to the State Tax Department to file their objection by 28.06.2019.

## Issues and analysis

### Issue 1: Whether the ex parte order dated 11.06.2019 …

**Ratio:** The principle of natural justice requires that all parties be given a fair opportunity to

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**Reasoning:** The court accepted TANGEDCO's explanation that the notice was received but referred to

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**Interpretation:** This demonstrates the court's adherence to the principles of natural justice,

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**Application:** The ratio was applied to the specific facts of the case, where TANGEDCO

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## Parties

- **Judges:** Ch. Mohd Sharief…
- **Appellants:** ARUMUGAM ARUMUGAM…
- **Respondents:** Committee of…
- **Advocates:** VVSivak…; EPSRIN…; +4 more

## Timeline

- **2019-06-11 — Ex Parte…**: Ex parte order passed…
- **2019-06-18 — Previous Ex Parte Order…**: An ex parte order dated…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 30(6) — Submission of resolution plan](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-30)

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