# In the matter of Digvijay Capital Management Limited

> NCLT judgment dated 2024-04-02. Citation: TCN-2024-NCLT-01893. The case pertains to CP (IB) No.73/ALD/2023 before the National Company Law Tribunal, Allahabad…

- **Court:** NCLT
- **Order date:** 2 Apr 2024
- **Citation:** TCN-2024-NCLT-01893
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/digvijay-capital-management-limited-2fd45b58

## Summary

### Background

The case pertains to CP (IB) No.73/ALD/2023 before the National Company Law Tribunal, Allahabad Bench, Prayagraj. The matter involves Digvijay Capital Management Limited through its Voluntary Liquidator Ashok Kumar Verma V/S ROC. The previous order dated January 9, 2024, directed notices to be issued to the ROC, IBBI, and the Income Tax Department to file their response to the present petition.

## Facts

The case involves Digvijay Capital Management Limited, represented by its Voluntary Liquidator Ashok Kumar Verma, in a matter against the ROC. The NCLT Allahabad Bench is hearing the case. Notices were previously issued to the ROC, IBBI, and the Income Tax Department, requiring them to file a response to the petition. As of April 2, 2024, no response had been filed by any of these authorities. The court has now directed the filing of the report/response within two weeks and adjourned the matter for further hearing on May 8, 2024. The relevant section of law is 59(7) IBC.

## Issues and analysis

### Issue 1: Whether the ROC, IBBI, and the Income Tax Department should be directed to file their response to …

**Ratio:** The principle of natural justice and the need for a fair hearing require that all

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**Reasoning:** The court reasoned that the ROC, IBBI, and the Income Tax Department are necessary

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**Interpretation:** This issue involves the interpretation of procedural fairness and the right to

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**Application:** The court applied this principle by directing the ROC, IBBI, and the Income Tax

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## Parties

- **Judges:** Praveen…; Ashish…
- **Respondents:** Digvijay Capital…; ROC…
- **Advocates:** Saurabh Sri…

## Timeline

- **2024-01-09 — Previous…**: Notices were issued to the ROC, IBBI, and the Income Tax Department to file their…
- **2024-04-02 — Current…**: The court noted that the response from either of the aforesaid authorities has not been…

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