NDLI: Jai Balaji Industries Limited Vs. State Bank of India & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	National Company Law Appellate Tribunal Rules 2016 s.7 rr. 48 and 52 IBC
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Insolvency and Bankruptcy Code, 2016 (31 of 2016)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	National Company Law Appellate Tribunal Rules, 2016 –rr. 48 and 52 – Application filed by respondent no.1 against the appellant u/s.7, IBC – Order by National Company Law Tribunal,Calcutta (NCLT) rejecting the application – Challenged by respondent no.1 – National Company Law Appellate Tribunal(NCLAT) issued notice on the question of limitation as well as on the merit of the appeal – Judgment reserved – NCLAT set aside the order of the NCLT, 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 appeal before the NCLAT nor was given hearing before it – Held: While the respondent no.1 has submitted that an advanced copy of the appeal was served on the appellant, the same cannot be treated as service of notice as stipulated u/r. 48, NCLAT Rules – r.52, NCLAT Rules categorically states that the judicial section of the registry of the NCLAT shall record, in the “Notes ofthe Registry” column in the order sheet, the details regarding completion of service of notice on the respondents – Material placed does not indicate that the aforementioned stipulation was complied with – Thus, no notice was served upon the appellant before the NCLAT as stipulated under the rules, and the right of the appellant to be heard, audi alteram partem, was violated – Impugned order set aside – Matter remanded back to NCLAT – NCLAT to dispose of the matter as expeditiously as possible after affording opportunity of hearing to the parties – Insolvency & Bankruptcy Code, 2016 – s.7.
Judge	Honble Mr. Justice N.V. Ramana
Neutral Citation	2019 INSC 339
Petitioner	Jai Balaji Industries Limited
Respondent	State Bank Of India & Ors.
SCR	[2019] 4 S.C.R. 694
Judgement Date	2019-03-08
Case Number	1929

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