# In the matter of Anita Goyal Suspended Director Of New Horizons Asphalt Pvt. Ltd. Vs Broadwings Logistics Pvt. Ltd. & Anr.

> NCLAT judgment dated 2024-03-27. Citation: TCN-2024-NCLAT-00558. The case is an appeal against an impugned order dated 2024-03-12. The appellant is ready to…

- **Court:** NCLAT
- **Order date:** 27 Mar 2024
- **Citation:** TCN-2024-NCLAT-00558
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/anita-goyal-suspended-director-of-new-horizons-asphalt-pvt-ltd-vs-broadwings-log-ac5d133e

## Summary

### Background

The case is an appeal against an impugned order dated 2024-03-12. The appellant is ready to deposit the principal amount as claimed in the Section 9 application. The IRP is directed to keep the Corporate Debtor as a running concern with the assistance of Ex-management and its officers and employees.

## Facts

Anita Goyal, the suspended director of New Horizons Asphalt Pvt. Ltd., is the appellant in this case. The respondents are Broadwings Logistics Pvt. Ltd. & Anr. The appellant is ready to deposit the principal amount of Rs.31,57,691/- as claimed in the Section 9 application. The court has directed that no further steps shall be taken in pursuance of the impugned order dated 2024-03-12. The IRP is instructed to keep the Corporate Debtor as a running concern with the assistance of Ex-management and its officers and employees. The case is listed for further hearing on 2024-05-14.

## Issues and analysis

### Issue 1: Whether the appellant should be directed to deposit the principal amount as claimed in the Section …

**Ratio:** The court has the power to direct parties to take certain actions to facilitate the

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**Reasoning:** The appellant has submitted that they are ready to deposit the principal amount.

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**Interpretation:** The court is interpreting its power to direct parties to take actions that

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**Application:** The court applied this power to direct the appellant to deposit the principal

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## Parties

- **Judges:** Ashok Bh…; Arun Ba…
- **Appellants:** Anita G…
- **Respondents:** New Horizons…; Broadwings…

## Timeline

- **2024-03-12 — Impugned Ord…**: Date of the impugned order…
- **2024-03-27 — Order Da…**: Appellant submits readiness to deposit the principal amount. Court directs deposit and…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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