Paramount Impex Private Limited vs B D H Dyechem Private Limited
- CitationCompany Appeal (AT)(Insolvency) No. 251 of 2023
Ratio decidendi
The rule this decision rests on
A party seeking to set aside an ex parte order must do more than make general allegations in its application; where the application's grounds are only general and the fact of service of notice is not denied, the rejection of the application to set aside the ex parte order is not erroneous. Where an application to set aside an ex parte order has been rejected, the party whose application failed is precluded from filing pleadings, although it may still join the hearing of the main application and make oral submissions.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Company Appeal (AT)(Insolvency) No. 251 of 2023 IN THE MATTER OF: Paramount Impex Pvt. Ltd. ...Appellant
Versus BDH Dyechem Pvt. Ltd. ...Respondents
Present: For Appellant : Ms. Rakesh Kuma and Mr. Ankit Sharma, Advocates.
For Respondents : None.
ORDER
13.03.2023: This appeal has been filed against the order dated
19.12.2022 by which I.A. No. 6143 of 2022 filed by the Appellant to set aside
the ex-parte order dated 11.05.2022 has been rejected by the Adjudicating
Authority (NCLT, New Delhi).
Learned Counsel for the Appellant submits that in the I.A. No. 6143 of
2023, sufficient grounds have been mentioned in paragraphs- 4 & 5 for setting
aside the aforesaid ex parte order. We have gone through paragraphs- 4 & 5 of
the application and are of the opinion that the paragraphs contain only general
allegations. There is no denial that Notice of the application was served on the
Appellant.
We do not find any error in the impugned order dated 19.12.2022. The
Application for setting aside the ex-parte order having been rejected, the
Appellant is precluded from filing any pleading. However, it is open for the
Page 1 of 2 Appellant to join the hearing when the application is heard and can make oral
submissions.
With these observations, the appeal is dismissed.
[Justice Ashok Bhushan] Chairperson
[Mr. Barun Mitra] Member (Technical) akc/nn
Company Appeal (AT)(Insolvency) No. 251 of 2023 Page 2 of 2
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