# In the matter of Digitone Mobiles Private Limited

> NCLT judgment dated 2023-10-31. Citation: TCN-2023-NCLT-00965. The case pertains to CP (IB) No.63/ALD/2023 before the National Company Law Tribunal, Allahabad…

- **Court:** NCLT
- **Order date:** 31 Oct 2023
- **Citation:** TCN-2023-NCLT-00965
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/digitone-mobiles-private-limited-79bb964d

## Summary

### Background

The case pertains to CP (IB) No.63/ALD/2023 before the National Company Law Tribunal, Allahabad Bench, Prayagraj. The order relates to an application filed by the Corporate Applicant. The matter was heard through physical/virtual hearing.

## Facts

The National Company Law Tribunal (NCLT), Allahabad Bench, is hearing CP (IB) No.63/ALD/2023. The Corporate Applicant's counsel appeared through virtual conference. The NCLT has ordered that notices be issued to the financial creditors, as listed on page 68 of Annexure A8, which is attached to the application. A notice is also to be issued to the IBBI. The notices must be returnable within two weeks, and an affidavit of service must be filed within one week. After receiving the notice, a reply must be filed within two weeks, with an advance copy provided to the opposing counsel. The matter is scheduled for further hearing on December 7, 2023. The order was issued on October 31, 2023.

## Issues and analysis

### Issue 1: Whether notices should be issued to the financial …

**Ratio:** The tribunal has the power to direct the issuance of notices to relevant parties to

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**Reasoning:** Issuing notices to financial creditors is a standard procedure in insolvency proceedings

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**Interpretation:** This ensures compliance with principles of natural justice and fair hearing,

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**Application:** The NCLT applied this principle by directing the issuance of notices to the

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## Parties

- **Judges:** Praveen…; Ashish…
- **Respondents:** Digitone Mobiles…

## Timeline

- **2023-10-31 — Order Da…**: Order issued by the…
- **2023-12-07 — Next Hearin…**: The matter is listed…

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