# In the matter of Poonam Kachalia & Ors Vs Ca Kannan Tiruvengadam & Anr

> SC judgment dated 2023-01-20. Citation: TCN-2023-SC-00101. This is a civil appeal case before the Supreme Court of India. The appeal was called for hearing on…

- **Court:** SC
- **Order date:** 20 Jan 2023
- **Citation:** TCN-2023-SC-00101
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/poonam-kachalia-ors-vs-ca-kannan-tiruvengadam-anr-8631994a

## Summary

### Background

This is a civil appeal case before the Supreme Court of India. The appeal was called for hearing on 20-01-2023. The case involves an application for exemption from filing a certified copy of the impugned judgment, a stay application, and a permission to file additional documents/facts/annexures.

## Facts

Poonam Kachalia & Ors. filed a Civil Appeal No. 267/2023 against CA Kannan Tiruvengadam & Ors. The appeal includes an application for exemption from filing a certified copy of the impugned judgment (IA No.7122/2023), a stay application (IA No.7125/2023), and a permission to file additional documents/facts/annexures (IA No.6579/2023). The court heard the counsel for both parties. Mr. Rishav Banerjee, counsel, appeared on behalf of the respondent on caveat and waived service. The court directed the filing of a counter affidavit and listed the Civil Appeal on 13 February 2023. The application for dissolution of the Corporate Debtor was adjourned to a date beyond the next date of listing.

## Issues and analysis

### Issue 1: Whether the court should issue …

**Ratio:** Issuance of notice is a standard procedure to ensure all parties are informed and have an

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**Reasoning:** The court ordered the issuance of notice to ensure that the respondents are aware of the

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**Interpretation:** The issuance of notice is a fundamental aspect of procedural fairness, ensuring

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**Application:** The court applied this principle by directing the issuance of notice to the

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## Parties

- **Judges:** THE CHIEF J…; PAMIDIGHANTAM SRI…
- **Appellants:** Poonam Ka…
- **Respondents:** CA Kannan…; C. A. Kannan…
- **Advocates:** Vivek…; Anirudh W…; +6 more

## Timeline

- **2023-01-20 — Hearing…**: The appeal was called…
- **2023-02-13 — Listing…**: Civil Appeal listed on…

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