# In the matter of Arun Gupta, Liquidator LML Ltd. CA(AT)(Ins) No. 1376 of 2019

> NCLAT judgment dated 2019-12-03. Citation: TCN-2019-NCLAT-00064. This is an appeal preferred by the Liquidator of LML Ltd. against an order dated 22nd October…

- **Court:** NCLAT
- **Order date:** 3 Dec 2019
- **Citation:** TCN-2019-NCLAT-00064
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/arun-gupta-liquidator-lml-ltd-caatins-no-1376-of-2019-1293efd5

## Summary

### Background

This is an appeal preferred by the Liquidator of LML Ltd. against an order dated 22nd October 2019, passed by the Adjudicating Authority (National Company Law Tribunal) Allahabad Bench. The Adjudicating Authority refused to exclude any period for the purpose of liquidation because the fees of the Liquidator had not been fixed.

## Facts

The Liquidator of LML Ltd. filed an appeal against the order of the Adjudicating Authority (National Company Law Tribunal) Allahabad Bench, dated 22nd October 2019. The Adjudicating Authority had refused to exclude any period for the purpose of liquidation because the Liquidator's fees were not fixed. The appeal was brought before the National Company Law Appellate Tribunal (NCLAT). The court noted that no case had been made out for the exclusion of any period, even if an appeal was pending before the NCLAT, because there was no specific stay of the liquidation process.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in refusing to exclude any period for the purpose of …

**Ratio:** The ratio is that the Adjudicating Authority has the discretion to determine whether to

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**Reasoning:** The court reasoned that the Adjudicating Authority's decision was justified because the

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**Interpretation:** This issue involves the interpretation of the powers and discretion of the

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**Application:** In this specific case, the court applied the ratio by upholding the

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…; +1 more
- **Appellants:** Arun Gupta,…
- **Respondents:** LML L…

## Timeline

- **2019-10-22 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal) Allahabad Bench passed an…
- **2019-12-03 — Appeal Pre…**: The Liquidator of LML Ltd. preferred an appeal against the order of the Adjudicating…

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