# In the matter of Vinodkumar Mahasukhbhai Thaker vs. Kurlon Limited

> HC judgment dated 2023-12-26. Citation: TCN-2023-HC-00002. The petitioner filed a petition challenging the order dated 22.12.2023 passed by the NCLT,…

- **Court:** HC
- **Order date:** 26 Dec 2023
- **Citation:** TCN-2023-HC-00002
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/vinodkumar-mahasukhbhai-thaker-vs-kurlon-limited-13565586

## Summary

### Background

The petitioner filed a petition challenging the order dated 22.12.2023 passed by the NCLT, Ahmedabad in CP(IB) No. 195 of 2019. The petitioner's counsel stated that the petitioner has a remedy available with NCLAT. However, due to winter vacation, NCLAT is not available, and there is no vacation bench working. The counsel stated that they would file appropriate proceedings before NCLAT by 03.01.2024.

## Facts

The petitioner challenged an order dated 2023-12-22 passed by the NCLT, Ahmedabad, in CP(IB) No. 195 of 2019. The petitioner's counsel stated that a remedy is available with the NCLAT. However, the NCLAT is currently unavailable due to winter vacation and the absence of a vacation bench. The petitioner intends to file proceedings before the NCLAT by 2024-01-03. The court issued a notice returnable on 2024-01-05 and granted ad-interim relief until the next returnable date.

## Issues and analysis

### Issue 1: Whether the petition challenging the NCLT order should be entertained given the availability of a …

**Ratio:** When an appellate remedy exists but is temporarily unavailable due to procedural reasons

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**Reasoning:** The court acknowledged the availability of a remedy with NCLAT but recognized the

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**Interpretation:** This case highlights the court's consideration of practical realities and

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** M. R. ME…
- **Appellants:** Vinodkumar…
- **Respondents:** M/S KURLON…
- **Other parties:** Kohi…

## Timeline

- **2019-01-01 — CP(IB) No…**: Proceedings in CP(IB) No. 195 of…
- **2023-12-22 — NCLT Ord…**: Order passed by the NCLT, Ahmedabad in CP(IB) No. 195 of 2019, which is being challenged…

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