# In the matter of Gaurav Hargovindbhai & Ors. Vs. Hema Manoj Shah & Ors CA(AT)(Insolvency)368 & 388-2019

> NCLAT judgment dated 2019-04-22. Citation: TCN-2019-NCLAT-00660. The appeals were preferred by Mr. Gaurav Hargovindbhai Dave and Mr. Vishal Dave, who were…

- **Court:** NCLAT
- **Order date:** 22 Apr 2019
- **Citation:** TCN-2019-NCLAT-00660
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/gaurav-hargovindbhai-ors-vs-hema-manoj-shah-ors-ca-e0a07872

## Summary

### Background

The appeals were preferred by Mr. Gaurav Hargovindbhai Dave and Mr. Vishal Dave, who were respectively Director/Shareholder and son of the Director of the ‘Corporate Debtor', against an order dated 28th March, 2019 passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, Mumbai. The Adjudicating Authority noted the submission made by the ‘Resolution Professional'. Despite directions, Mr. Gaurav Dave and Mr. Vishal Dave had not appeared in Court, disregarding Court orders. The Adjudicating Authority ordered Contempt of Court proceedings against them. Notice was issued, but they failed to appear. The Adjudicating Authority directed Mr. Sandeep Shah, Statutory Auditor, to be present in Court on 15.4.2019.

## Facts

Mr. Gaurav Hargovindbhai Dave and Mr. Vishal Dave, Director/Shareholder and son of the Director of the ‘Corporate Debtor' respectively, filed appeals against an order by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, Mumbai, dated 2019-03-28. The Adjudicating Authority had noted submissions by the ‘Resolution Professional'. Mr. Gaurav Dave and Mr. Vishal Dave did not appear in Court despite directions, leading to Contempt of Court proceedings. The appellants' counsel claimed cooperation with the ‘Resolution Professional', stating the ‘Resolution Professional' had taken over the charge of the ‘Corporate Debtor' and offering the keys to the office. The ‘Resolution Professional' alleged hindrances and tampering by the appellants. The appellants

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## Issues and analysis

### Issue 1: Whether the appeals should be dismissed given the appellants' non-compliance with court orders and …

**Ratio:** The ratio is based on the principle that parties must comply with court orders and

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**Reasoning:** The court reasoned that the appellants' failure to appear in court despite directions,

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**Interpretation:** The interpretation involves understanding the importance of compliance with

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +1 more
- **Appellants:** Gaurav Hargovindbh…
- **Respondents:** Hema Mano…
- **Advocates:** Aditya Pa…; Kumar Pra…; +3 more

## Timeline

- **2019-03-28 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, Mumbai, passed…
- **2019-03-25 — Previous Appeal…**: The Appellate Tribunal dismissed an earlier appeal filed by the Appellants with costs of…

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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/gaurav-hargovindbhai-ors-vs-hema-manoj-shah-ors-ca-e0a07872