# In the matter of Gauri Agarwal Vs. UCO Bank and Anr. CA(AT)(Insolvency)No. 1222 of 2019 with I.A No. 3557 of 2019

> NCLAT judgment dated 2019-11-13. Citation: TCN-2019-NCLAT-00140. The case involves an appeal against an order dated September 16, 2019, concerning Kumlai Tea…

- **Court:** NCLAT
- **Order date:** 13 Nov 2019
- **Citation:** TCN-2019-NCLAT-00140
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/gauri-agarwal-vs-uco-bank-and-anr-ca-5c8e7e0c

## Summary

### Background

The case involves an appeal against an order dated September 16, 2019, concerning Kumlai Tea and Industries Limited, the Corporate Debtor. The appellant, Gauri Agarwal, is the promoter of the Corporate Debtor. The initial order directed the Resolution Professional (RP) to proceed with the Corporate Insolvency Resolution Process (CIRP) and addressed concerns about the management of the corporate debtor. The appellant appealed this order, citing a willingness to settle the matter.

## Facts

Gauri Agarwal, the promoter of Kumlai Tea and Industries Limited (Corporate Debtor), filed an appeal against an order dated September 16, 2019. The initial order pertained to the Corporate Insolvency Resolution Process (CIRP) of the Corporate Debtor and directed the Resolution Professional (RP) to proceed with the CIRP. Concerns were raised that individuals other than the original directors were managing the Corporate Debtor's affairs. The order instructed the RP to take possession of all assets with the help of local police, ensuring the Corporate Debtor remained a going concern. The appellant expressed a willingness to settle the matter. The appellant and other directors had not yet handed over the assets of the Corporate Debtor. The RP's appointment was confirmed by

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## Issues and analysis

### Issue 1: Whether the delay of 9 days in …

**Ratio:** Appellate tribunals have the discretion to condone delays in filing appeals if sufficient

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**Reasoning:** The appellate tribunal was satisfied with

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**Interpretation:** The law allows for the condonation of delays if there is a valid reason for the

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**Application:** The tribunal condoned the 9-day delay based on the grounds presented by the

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## Parties

- **Judges:** S.J. Mukhop…; Venugop…
- **Appellants:** Gauri Ag…
- **Respondents:** Kumlai Tea and…; UCO B…
- **Advocates:** S.C.…; A.K. P…; +1 more

## Timeline

- **2019-09-16 — Initial Ord…**: Order passed by the Adjudicating Authority (National Company Law Tribunal), Kolkata…
- **2019-10-25 — Matter to…**: The initial order directed the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 12A — (1) Subject to sub](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-12a)

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