# In the matter of  UM Green Lighting Pvt. Ltd.

> NCLT judgment dated 2024-01-08. Citation: TCN-2024-NCLT-03263. The case involves M/s. Jakson Engineers Limited as the Applicant/Petitioner and M/s. UM Green…

- **Court:** NCLT
- **Order date:** 8 Jan 2024
- **Citation:** TCN-2024-NCLT-03263
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/um-green-lighting-pvt-ltd-1c8e81d2

## Summary

### Background

The case involves M/s. Jakson Engineers Limited as the Applicant/Petitioner and M/s. UM Green Lighting Pvt. Ltd. as the Respondent under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016. The applicant filed IA-3302/2023, which was initially ordered ex-parte against Respondent No. 2. The respondent claimed that the notice for IA-3302/2023 was not properly served at his residential address but only at the premises of the Corporate Debtor (CD), UM Green Lighting Private Ltd.

## Facts

M/s. Jakson Engineers Limited initiated proceedings against M/s. UM Green Lighting Pvt. Ltd. under Section 9 of the IBC, 2016. The applicant filed IA-3302/2023. The notice for IA-3302/2023 was allegedly not served properly on Respondent No. 2 at his residential address but only at the Corporate Debtor's premises. The applicant in IA-1816/2023 requested to withdraw the application with liberty to file a fresh application. The applicant in IA-4415/2023 requested one week time to file Rejoinder to the reply filed by the Respondent. The RP requested for the hearing to be deferred in IA-5974/2023. The order dated 05.04.2023 passed in IA 3302/2023 was modified.

## Issues and analysis

### Issue 1: Whether the notice for IA-3302/2023 was …

**Ratio:** Proper service of notice is a fundamental principle of natural justice, ensuring that all

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**Reasoning:** The court acknowledged the respondent's claim that the notice was not served at his

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**Interpretation:** The interpretation of service rules requires that notice must be served in a

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**Application:** Given the respondent's claim of improper service, the court modified the

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## Parties

- **Judges:** Sh. Ashok Kumar…; SUBRATA KUM…
- **Appellants:** M/s. Jakson…
- **Respondents:** UM Green Lighting…; M/S UM GREEN…

## Timeline

- **2023-04-05 — Order in IA 3…**: Order passed in IA 3302/2023,…
- **2024-01-08 — Order Del…**: Order delivered on 08.01.2024 modifying the ex-parte order and taking the respondent's…

## 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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