# In the matter of Ashok Kumar Tyagi Vs Uco Bank And Anr.

> NCLAT judgment dated 2022-11-07. Citation: TCN-2022-NCLAT-00119. The case involves an appeal against an order passed by the Adjudicating Authority on…

- **Court:** NCLAT
- **Order date:** 7 Nov 2022
- **Citation:** TCN-2022-NCLAT-00119
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ashok-kumar-tyagi-vs-uco-bank-and-anr-5f1463a0

## Summary

### Background

The case involves an appeal against an order passed by the Adjudicating Authority on 28.10.2022, which allowed a Section 7 application filed by UCO Bank. The appeal was filed by Ashok Kumar Tyagi. The appeal was initially taken up on 04.11.2022, and subsequently adjourned to 07.11.2022 to allow the Respondent Bank an opportunity to respond. The UCO Bank's counsel indicated that an OTS proposal was under consideration. Indian Bank filed an application for intervention.

## Facts

Ashok Kumar Tyagi filed an appeal against the Adjudicating Authority's order dated 28.10.2022, which allowed a Section 7 application filed by UCO Bank. The appeal was initially heard on 04.11.2022, and then adjourned to 07.11.2022. UCO Bank's counsel stated that an OTS proposal was under consideration. Indian Bank filed an application for intervention. The court stayed the impugned order and listed the matter for further hearing on 10.01.2023. The urgency of the matter was also considered.

## Issues and analysis

### Issue 1: Whether the appeal against the Adjudicating Authority's order allowing the Section 7 application …

**Ratio:** The ratio is based on the appellate court's power to review and potentially overturn the

…

**Reasoning:** The court reasoned that it needed to provide the respondent bank an opportunity to

…

**Interpretation:** The interpretation involves understanding the scope of appellate review and the

…

**Application:** The court applied this by adjourning the hearing to allow the respondent bank

…

## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** ASHOK KUMAR…
- **Respondents:** UCO B…

## Timeline

- **2022-10-28 — Order by Adjudicating…**: Adjudicating Authority allowed Section…
- **2022-11-04 — Initial H…**: Appeal taken up;…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/ashok-kumar-tyagi-vs-uco-bank-and-anr-5f1463a0