# In the matter of Gopala Polyplast Ltd.

> NCLT judgment dated 2024-03-22. Citation: TCN-2024-NCLT-01952. The case involves an application (IA 1170/NCLT/AHM/2023) filed in relation to an application…

- **Court:** NCLT
- **Order date:** 22 Mar 2024
- **Citation:** TCN-2024-NCLT-01952
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/gopala-polyplast-ltd-2a8246ed

## Summary

### Background

The case involves an application (IA 1170/NCLT/AHM/2023) filed in relation to an application (IA No.5 of 2020) concerning preferential and fraudulent transactions. The applicant, Archit Organosys Limited, seeks to file a reply to the allegations made by the Resolution Professional (RP) of Gopala Polyplast Ltd. The applicant claims they were under the impression that a reply had been filed by their advocate, but it was not. They argue that they are not part of the alleged transactions and need to protect their interests.

## Facts

Archit Organosys Limited filed an application (IA 1170/NCLT/AHM/2023) in relation to IA No.5 of 2020, which concerns preferential and fraudulent transactions involving Gopala Polyplast Ltd., where Mr. Vikas G. Jain is the Resolution Professional (RP). Archit Organosys Limited claims that they instructed an advocate to file a reply to the allegations made by the RP, but the advocate failed to do so. Archit Organosys Limited asserts that they are not involved in the alleged transactions and that their interests need to be protected. The RP did not file any reply. The applicant failed to file reply within time, the matter was unnecessarily prolonged.

## Issues and analysis

### Issue 1: Whether the applicant, Archit Organosys Limited, should be granted an opportunity to file a reply …

**Ratio:** The principle of natural justice dictates that parties should be given a fair opportunity

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**Reasoning:** The court reasoned that considering the nature of the application and the serious

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**Interpretation:** This issue involves interpreting the balance between the right to be heard and

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**Application:** The court applied the principle of natural justice to the specific facts of the

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## Parties

- **Judges:** Chitra Ha…; Velamur G Venkata…
- **Appellants:** Archit Organosys…
- **Respondents:** Gopala Polyplast…; Vikash G. Jain Rp…

## Timeline

- **2020-01-01 — IA No.5 o…**: Resolution Professional (RP) filed an application for Preferential and Fraudulent…
- **2023-01-01 — IA 1170/NCLT/…**: Archit Organosys Limited filed an application seeking permission to file a reply to IA…

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