# In the matter of Livein Aqua Solutions Private Limited vs. HDFC Bank Limited

> SC judgment dated 2025-11-24. Citation: TCN-2025-SC-00096. The case concerns the rejection of an application under Section 7 of the Insolvency and Bankruptcy…

- **Court:** SC
- **Order date:** 24 Nov 2025
- **Citation:** TCN-2025-SC-00096
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/livein-aqua-solutions-private-limited-vs-hdfc-bank-limited-0537c419

## Summary

### Background

The case concerns the rejection of an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) by the National Company Law Tribunal (NCLT), Ahmedabad Bench, due to a defective affidavit. The respondent-bank's application was initially rejected, leading to appeals before the NCLAT and ultimately the Supreme Court.

## Facts

HDFC Bank Limited filed an application under Section 7 of the IBC against Livein Aqua Solutions Private Limited.

The NCLT, Ahmedabad Bench, rejected the application due to a defective affidavit.

The respondent-bank (HDFC) filed an appeal before the NCLAT, which allowed the appeal and restored the application.

Livein Aqua Solutions Private Limited appealed to the Supreme Court.

The application was rejected on 18.06.2024 as the defects remained unattended to, despite the order dated 08.02.2024.

The NCLAT noted that the proviso to Section 7(5)(b) of the IBC was not adhered to by the NCLT.

No notice was given to the respondent-bank under the proviso to Section 7(5)(b) of the IBC.

…

## Issues and analysis

### Issue 1: Whether the NCLT erred in rejecting the application under Section 7 of the IBC without adhering to …

**Ratio:** The proviso to Section 7(5)(b) of the IBC obliges the adjudicating authority to give

…

**Reasoning:** The court emphasized the importance of adhering to the procedural requirements of the

…

**Interpretation:** The proviso to Section 7(5)(b) is interpreted as a mandatory requirement that

…

**Application:** The court found that the NCLT failed to comply with the proviso to Section

…

## Parties

- **Judges:** Sanjay…; ALOK AR…
- **Respondents:** Livein Aqua…; HDFC Bank L…
- **Other parties:** Modif…

## Timeline

- **2023-07-26 — Application V…**: Application under…
- **2023-07-17 — Affidavit D…**: Affidavit deposed to on…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 62 — Appeal to Supreme Court](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-62)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/supreme-court-of-india/livein-aqua-solutions-private-limited-vs-hdfc-bank-limited-0537c419