# In the matter of United Seamless Tubular Pvt. Ltd. CP (IB) No. 49-7-HDB-2017

> NCLT judgment dated 2018-11-02. Citation: TCN-2018-NCLT-00380. The case involves IAs 124, 472, and 495 of 2018, which are listed before the National Company…

- **Court:** NCLT
- **Order date:** 2 Nov 2018
- **Citation:** TCN-2018-NCLT-00380
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/united-seamless-tubular-pvt-ltd-cp-ib-no-49-7-hdb-2017-9de5bfac

## Summary

### Background

The case involves IAs 124, 472, and 495 of 2018, which are listed before the National Company Law Tribunal (NCLT), Hyderabad Bench. IA 495/2018 has the counsel for the applicant present, and IA 472 has the counsel for the Resolution Professional (RP) present. The RP is also present. The counsel for the Directors (Suspended Board) sought to file objections/impleading applications in both IAs.

## Facts

The National Company Law Tribunal (NCLT), Hyderabad Bench, heard IAs 124, 472, and 495 of 2018 in connection with CP(IB) No. 49/7/HDB/2017. The company involved is United Seamless Tubular Pvt Ltd, with Indian Bank as the petitioner and United Seamless Tubular Pvt Ltd as the respondent. The case is under Section 7 of the Insolvency and Bankruptcy Code (IBC). The counsel for the Directors (Suspended Board) wanted to file objections/impleading applications in both IAs. The Resolution Professional (RP) strongly opposed the adjournment, highlighting that the Committee of Creditors (CoC) had approved the same plan that was earlier approved. The matter is listed for filing objections or impleading applications on 08.11.2018.

## Issues and analysis

### Issue 1: Whether the Directors (Suspended Board) should be allowed to file objections/impleading …

**Ratio:** The ratio is based on the principles of natural justice and the right to be heard,

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**Reasoning:** The court considered the request by the Directors (Suspended Board) to file

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**Interpretation:** The interpretation involves balancing the rights of the Directors (Suspended

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**Application:** The court listed the matter for filing objections or impleading applications,

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## Parties

- **Judges:** Ratakonda…; Binn…; +1 more
- **Appellants:** Indian…
- **Respondents:** United Seamless…

## Timeline

- **2017-07-01 — CP(IB) F…**: CP(IB) No.49/7/HDB/2017…
- **2018-11-02 — Hearing…**: Hearing held on 02.11.2018 at 10.30 AM…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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