# In the matter of Aditya Kumar Jajodia Vs. Srei Infrastructure Finance Ltd. CA (AT) Nos. 292, 293-2017

> NCLAT judgment dated 2017-11-30. Citation: TCN-2017-NCLAT-00035. The case involves Company Appeals (AT) (Insolvency) Nos. 292 & 293 of 2017 before the…

- **Court:** NCLAT
- **Order date:** 30 Nov 2017
- **Citation:** TCN-2017-NCLAT-00035
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/aditya-kumar-jajodia-vs-srei-infrastructure-finance-ltd-ca-ed444cbf

## Summary

### Background

The case involves Company Appeals (AT) (Insolvency) Nos. 292 & 293 of 2017 before the National Company Law Appellate Tribunal, New Delhi. The appellant is Aditya Kumar Jajodia, and the respondent is Srei Infrastructure Finance Ltd. The appeal was called repeatedly, but nobody appeared for the appellant.

## Facts

Aditya Kumar Jajodia filed an appeal against Srei Infrastructure Finance Ltd. before the National Company Law Appellate Tribunal (NCLAT), New Delhi. The case was listed as Company Appeals (AT) (Insolvency) Nos. 292 & 293 of 2017. On November 30, 2017, despite repeated calls, the appellant, Aditya Kumar Jajodia, did not appear before the tribunal. As a result, the tribunal dismissed the appeal for non-prosecution. No costs were awarded.

## Issues and analysis

### Issue 1: Whether the appeal can be dismissed for non-prosecution when the appellant fails to appear despite …

**Ratio:** An appeal can be dismissed for non-prosecution if the appellant fails to appear before

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**Reasoning:** The court reasoned that the appellant's absence indicated a lack of diligence in pursuing

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**Interpretation:** The interpretation is that the appellant has a duty to appear and prosecute

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**Application:** In this case, the appellant's failure to appear despite repeated calls

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Aditya Kumar…
- **Respondents:** Srei Infrastructur…

## Timeline

- **2017-11-30 — Appeal Dis…**: The appeal was dismissed for non-prosecution as the appellant did not appear despite…

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