# In the matter of Gannon Dunkerley and Company Limited

> NCLT judgment dated 2025-08-04. Citation: TCN-2025-NCLT-01287. The case involves an Interlocutory Application (IA) filed by Gannon Dunkerley & Company Limited…

- **Court:** NCLT
- **Order date:** 4 Aug 2025
- **Citation:** TCN-2025-NCLT-01287
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-mumbai/gannon-dunkerley-and-company-limited-4842ef15

## Summary

### Background

The case involves an Interlocutory Application (IA) filed by Gannon Dunkerley & Company Limited (the Applicant/Corporate Debtor) under Rule 55 of the National Company Law Tribunal Rules, 2016, seeking to introduce additional documents in a Company Petition filed by RDC Concrete (India) Private Limited (the Operational Creditor).

## Facts

Gannon Dunkerley & Company Limited filed an Interlocutory Application (IA) to introduce additional documents in a Company Petition.

The IA was filed under Rule 55 of the National Company Law Tribunal Rules, 2016.

The Applicant claimed the documents were necessary to establish pre-existing disputes with RDC Concrete (India) Private Limited.

RDC Concrete (India) Private Limited opposed the IA, arguing it was a delaying tactic.

The Corporate Debtor sought to introduce project-wise correspondence related to supply issues, non-performance, and quality deficiencies.

The Corporate Debtor also sought to introduce reconciliation statements, internal notes, and cost assessments.

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority has the discretion to allow or decline the request of an …

**Ratio:** The Adjudicating Authority has discretion to allow or decline the request of the

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**Reasoning:** The Tribunal relied on the Dena Bank Judgment, which clarifies that while there is no bar

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**Interpretation:** The decision to allow or decline additional documents rests on the specific

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**Application:** In this case, the Tribunal exercised its discretion to decline the request to

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## Parties

- **Judges:** SAMEER…; NILESH S…
- **Respondents:** Gannon Dunkerley…; RDC Concrete…
- **Advocates:** Sumesh D…; Amir Ars…; +3 more

## Timeline

- **2025-04-22 — Service of Cou…**: The Corporate Debtor was served with the…
- **2025-05-02 — Affidavit-i…**: Affidavit-in-Reply dated 02.05.2025 filed by…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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