Supreme Court of India
Jai Balaji Industries Limited v. State Bank of India & Ors.
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What the Court ordered
In view of the above position, it is abundantly clear that no notice was served upon the appellant before the NCLAT as stipulated 699 under the rules, and the right of the appellant to be heard, audi alteram partem, has been violated [ See:Ghaziabad Development Authority v.
Judgment, page 5
From the headnote
National Company Law Appellate T ribunal Rules, 2016 – rr. 48 and 52 – Application filed by r espondent no.1 against the appellant u/s.7, IBC – Or der by National Company Law T ribunal, Calcutta (NCL T) r ejecting the application – Challenged by respondent no.1 – National Company Law Appellate T ribunal (NCLAT) issued notice on the question of limitation as well as on the merit of the appeal – Judgment r eserved – NCLA T set aside the order of the NCL T, directing it to admit the application filed by the respondent no.1 u/s.7, IBC – Plea of appellant that it was neither served with notice of
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