# In the matter of Greenpolis Welfare Confederation vs. Rakesh Kumar Gupta

> SC judgment dated 2024-11-19. Citation: TCN-2024-SC-00013. The appellant, Straight Edge Contracts Pvt. Ltd., filed an appeal before the National Company Law…

- **Court:** SC
- **Order date:** 19 Nov 2024
- **Citation:** TCN-2024-SC-00013
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/greenpolis-welfare-confederation-vs-rakesh-kumar-gupta-54ac8239

## Summary

### Background

The appellant, Straight Edge Contracts Pvt. Ltd., filed an appeal before the National Company Law Appellate Tribunal (NCLAT) seeking to expunge certain remarks made by the National Company Law Tribunal (NCLT) in its order dated 2022-03-29 regarding collusion. The NCLAT dismissed the appeal without providing the appellant an opportunity for a hearing. The Supreme Court heard the matter and considered grievances regarding the conduct of the Interim Resolution Professional (IRP).

## Facts

Straight Edge Contracts Pvt. Ltd. appealed to the NCLAT to expunge remarks made by the NCLT in its order dated 2022-03-29 concerning collusion. The NCLAT dismissed the appeal without granting the appellant a hearing. The appellant then approached the Supreme Court. Some parties raised grievances regarding the conduct of the Interim Resolution Professional (IRP). The Supreme Court noted that the NCLAT dismissed the appeal without giving an opportunity of hearing to the appellant. The Supreme Court also noted the grievance of the appellant that the observations made by the NCLT are unsustainable.

## Issues and analysis

### Issue 1: Whether the NCLAT's dismissal of the appeal without providing an opportunity for a hearing to the …

**Ratio:** The principle of natural justice requires that parties be given a fair opportunity to be

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**Reasoning:** The Supreme Court reasoned that the NCLAT's dismissal of the appeal without a hearing was

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

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**Application:** The Supreme Court applied the principle of natural justice to the specific

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## Parties

- **Judges:** B.R. G…; K.V. VISWA…
- **Appellants:** Straight Edge…
- **Respondents:** RAKESH KUMAR…
- **Other parties:** Over Tu…

## Timeline

- **2022-03-29 — NCLT Ord…**: The National Company Law Tribunal (NCLT) issued an order containing remarks that Straight…
- **2023-08-28 — NCLAT Or…**: The National Company Law Appellate Tribunal (NCLAT) dismissed Straight Edge Contracts…

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