# In the matter of Bulland Realtor Pvt. Ltd. Vs. Anuj Saxena CA (AT) (Insolvency) No. 92-2018

> NCLAT judgment dated 2018-03-15. Citation: TCN-2018-NCLAT-00340. The case involves an appeal against an insolvency proceeding. The appellant sought time to…

- **Court:** NCLAT
- **Order date:** 15 Mar 2018
- **Citation:** TCN-2018-NCLAT-00340
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/bulland-realtor-pvt-ltd-vs-anuj-saxena-ca-08077446

## Summary

### Background

The case involves an appeal against an insolvency proceeding. The appellant sought time to substitute the director of the corporate debtor and transpose the appellant as the second respondent. A ground for the appeal was that there was no default of debt as the corporate debtor had already handed over post-dated cheques to the appellant.

## Facts

M/s. Bulland Realtor Pvt. Ltd. filed an appeal against Mr. Anuj Saxena. The appellant sought time to substitute Mr. Rajneesh Nagar, Director of the ‘Corporate Debtor', as Appellant and to transpose the present Appellant-‘M/s. Bulland Realtor Private Limited' through ‘Insolvency Resolution Professional' as 2nd Respondent. The appellant argued that there was no default of debt because the ‘Corporate Debtor' had already handed over post-dated cheques. The ‘Corporate Debtor' has already settled the dispute with the 1st Respondent and settlement deed is on record.

## Issues and analysis

### Issue 1: Whether the appellant should be granted time to file an application for substitution of the …

**Ratio:** The court has the discretion to grant time for filing applications and to allow for

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**Reasoning:** The court considered the appellant's request and the circumstances of the case, including

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**Interpretation:** This involves interpreting the procedural rules and principles governing

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**Application:** The court applied its discretion to grant the appellant one week to file the

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** M/s. Bulland…
- **Respondents:** Rajneesh…; Anuj Sa…
- **Advocates:** Virender…; P.K.Mi…; +1 more

## Timeline

- **2018-03-15 — Order Da…**: Court grants one week to file an application for substitution of Mr. Rajneesh Nagar and…
- **2018-03-22 — Next Hearin…**: Matter posted for…

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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/bulland-realtor-pvt-ltd-vs-anuj-saxena-ca-08077446