# In the matter of Akhilesh Kumar Gupta
Vs.
Advaya Traders Company Appeal (AT) (Ins) No. 919 of 2022

> NCLAT judgment dated 2022-08-12. Citation: TCN-2022-NCLAT-00288. The appeal was filed against the order dated 23.05.2022 passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 12 Aug 2022
- **Citation:** TCN-2022-NCLAT-00288
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/akhilesh-kumar-gupta-vs-advaya-traders-company-appeal-ad71b35a

## Summary

### Background

The appeal was filed against the order dated 23.05.2022 passed by the Adjudicating Authority (National Company Law Tribunal, New Delhi Bench –II) which dismissed the CA No. 1532 of 2019 in Company Petition (IB) No. 794/ND/2018. The Adjudicating Authority also imposed a cost of Rs. 50,000/- on the Appellant.

## Facts

The Liquidator filed an application under Section 25(2) of the IBC, 2016, seeking to recover money due to the Corporate Debtor. The Adjudicating Authority dismissed the application and imposed costs of Rs. 50,000/- on the Appellant. The Appellant appealed this decision. The Adjudicating Authority concluded that the application under Section 25 was not maintainable. The NCLAT upheld the dismissal of the application but removed the cost imposed on the Appellant.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in dismissing the application filed by the Liquidator …

**Ratio:** The Adjudicating Authority has the power to determine the maintainability of applications

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**Reasoning:** The Adjudicating Authority considered all submissions and concluded that the application

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**Interpretation:** Section 25(2) of the IBC outlines the duties of the liquidator, including

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**Application:** The NCLAT upheld the Adjudicating Authority's decision, finding no error in its

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## Parties

- **Judges:** Ashok Bh…; Rakesh…; +1 more
- **Appellants:** Akhilesh Kumar…
- **Respondents:** Advaya Traders &…

## Timeline

- **2022-05-23 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal, New Delhi Bench –II) passed an…
- **2022-08-12 — Order by…**: The NCLAT heard the appeal, upheld the dismissal of the application, but deleted the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 25(2) — Duties of resolution professional](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-25)

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