# In the matter of Anil Kumar, Liquidator of Pixion Media Pvt. Ltd. vs. Prabodh Kumar Tewari & Ors.

> NCLAT judgment dated 2023-04-12. Citation: TCN-2023-NCLAT-00623. The appeal was filed against the order dated 01.02.2023, which rejected IA No. 4890/2020…

- **Court:** NCLAT
- **Order date:** 12 Apr 2023
- **Citation:** TCN-2023-NCLAT-00623
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/anil-kumar-liquidator-of-pixion-media-pvt-ltd-vs-prabodh-kumar-tewari-ors-7fb57a44

## Summary

### Background

The appeal was filed against the order dated 01.02.2023, which rejected IA No. 4890/2020 filed by the Appellant. The Appellant, a liquidator, had previously obtained an order from the Adjudicating Authority on 21.01.2020 for police assistance in collecting documents from the Corporate Debtor's registered office. However, no documents could be recovered as the office was vacated. Subsequently, the Appellant filed another application, No. 4890/2020, seeking direction from the Adjudicating Authority to visit the residence of R-1 to collect documents, which was also rejected. The matter was scheduled for hearing on 03.05.2023.

## Facts

Anil Kumar, the liquidator of Pixion Media Pvt. Ltd., filed an appeal against an order dated 01.02.2023 that rejected IA No. 4890/2020. Anil Kumar, as liquidator, had previously obtained an order on 21.01.2020 from the Adjudicating Authority for police assistance to collect documents from the Corporate Debtor's registered office. However, no documents were recovered because the office was vacated. Subsequently, Anil Kumar filed another application, No. 4890/2020, seeking direction from the Adjudicating Authority to visit the residence of R-1 to collect documents, which was rejected. The order of liquidation was passed on 22.08.2019. The matter was scheduled for hearing on 03.05.2023.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in rejecting IA No. 4890/2020 filed by the Appellant …

**Ratio:** The court found no error in the Adjudicating Authority's order refusing the prayer in the

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**Reasoning:** The court did not find any error in the order of the Adjudicating Authority. The court

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**Interpretation:** The court interpreted the Adjudicating Authority's decision as being within its

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**Application:** The court applied the principle of deference to the Adjudicating Authority's

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Anil K…
- **Respondents:** Pixion Media Pvt.…; Prabodh Kumar…

## Timeline

- **2023-02-01 — Order Da…**: Order passed by Adjudicating…
- **2020-01-21 — Adjudicating Authority…**: Adjudicating Authority ordered police assistance to collect documents from the Corporate…

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