# In the matter of Xalta Foods and Beverages Pvt. Ltd. (IB)-702(ND)-2018

> NCLT judgment dated 2019-07-04. Citation: TCN-2019-NCLT-02689. The case involves CA 827/2019 filed by the Resolution Applicant and the Suspended Board of…

- **Court:** NCLT
- **Order date:** 4 Jul 2019
- **Citation:** TCN-2019-NCLT-02689
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/xalta-foods-and-beverages-pvt-ltd-ib-702nd-2018-652e476e

## Summary

### Background

The case involves CA 827/2019 filed by the Resolution Applicant and the Suspended Board of Directors. The grievance is related to a prior order dated 2019-06-03, which was re-notified for further consideration to 2019-07-08. The case was taken up on 2019-06-14, concerning non-reimbursement of the CIR cost by two major financial creditors. CA 731/2019 was filed, seeking liquidation, which was not confirmed due to the absence of a liquidator's consent. The applicant now argues against the proposed resolution plan, which was to be considered and disposed of on 2019-07-08, with due notice issued for liquidation.

## Facts

CA 827/2019 was filed by the Resolution Applicant and the Suspended Board of Directors. The grievance stems from an order dated 2019-06-03, which was re-notified for consideration on 2019-07-08. Prior to this, on 2019-06-14, the case involved non-reimbursement of CIR costs to two major financial creditors. CA 731/2019 was filed seeking liquidation, but lacked confirmation due to the absence of a liquidator's consent. The applicant now contests the proposed resolution plan scheduled for consideration on 2019-07-08, as liquidation notices were issued. An application was also filed by the lessor of the premises where the Corporate Debtor's plant and machinery are installed. The court acknowledges the applicant's submission and the need to address the pending application

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## Issues and analysis

### Issue 1: Whether the pending application should be …

**Ratio:** The interest of justice requires that pending applications be addressed before

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**Reasoning:** The court acknowledges the applicant's submission and emphasizes the importance of

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**Interpretation:** This legal principle underscores the importance of due process and fairness in

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**Application:** In this case, the court applies this principle by directing that the pending

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## Parties

- **Judges:** V.K. SUB…; Ina Mal…
- **Appellants:** Resolution…
- **Respondents:** Super Print…

## Timeline

- **2019-06-03 — Prior Or…**: The matter was re-notified…
- **2019-06-14 — Case Tak…**: The case was taken up regarding non-reimbursement of CIR cost by two major financial…

## 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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