# In the matter of Gaurav Vasudeva. Vs. Reetesh Kumar Agarwal. CA(AT)(Insolvency) No. 665-2019

> NCLAT judgment dated 2019-07-05. Citation: TCN-2019-NCLAT-00471. The case involves a Company Appeal (AT) (Insolvency) No. 665 of 2019 before the National…

- **Court:** NCLAT
- **Order date:** 5 Jul 2019
- **Citation:** TCN-2019-NCLAT-00471
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/gaurav-vasudeva-vs-reetesh-kumar-agarwal-ca-75877d62

## Summary

### Background

The case involves a Company Appeal (AT) (Insolvency) No. 665 of 2019 before the National Company Law Appellate Tribunal (NCLAT), New Delhi. The appellant, Mr. Gaurav Vasudeva, was required to furnish information as sought by the impugned order dated 31st May, 2019. Failure to do so would allow the Resolution Professional to notify the Adjudicating Authority for action under Section 68 of the I&B Code or other provisions of Part-II, Chapter VII of the Code.

## Facts

Mr. Gaurav Vasudeva filed an appeal against an impugned order dated 31st May, 2019. The order required Mr. Vasudeva to furnish certain information. The appeal was brought before the National Company Law Appellate Tribunal (NCLAT). The NCLAT found no reason to interfere with the impugned order. The consequence of not furnishing the required information is that the Resolution Professional can bring this to the notice of the Adjudicating Authority, potentially leading to action under Section 68 of the I&B Code.

## Issues and analysis

### Issue 1: Whether the NCLAT should interfere with the impugned order dated 31st May, 2019, which requires the …

**Ratio:** The NCLAT is generally disinclined to interfere with orders unless there is a clear error

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**Reasoning:** The NCLAT stated that, for the reasons aforesaid, they were not inclined to interfere

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**Interpretation:** This indicates a deference to the initial decision-making authority and a

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**Application:** In this case, the NCLAT found no compelling reason to overturn the impugned

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +2 more
- **Appellants:** Gaurav Va…
- **Respondents:** Reetesh Kumar…
- **Advocates:** Deepak K…; Neha…; +2 more

## Timeline

- **2019-05-31 — Impugned Ord…**: Date of the order requiring the…
- **2019-07-04 — NCLAT Or…**: The NCLAT dismissed the appeal,…

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