# In the matter of Gokul Aggarwal vs. Bank of India & Ors

> NCLAT judgment dated 2024-05-28. Citation: TCN-2024-NCLAT-00404. The case involves an appeal against an impugned order directing liquidation of the corporate…

- **Court:** NCLAT
- **Order date:** 28 May 2024
- **Citation:** TCN-2024-NCLAT-00404
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/gokul-aggarwal-vs-bank-of-india-ors-0fef7945

## Summary

### Background

The case involves an appeal against an impugned order directing liquidation of the corporate debtor. The appellant claims to have offered the entire principal amount claimed by the bank. Two financial creditors have expressed their opinion to accept the settlement given by the appellant. The Bank of Baroda sent a mail that steps be taken for CoC's consideration under 12A.

## Facts

Gokul Aggarwal filed an appeal against an order directing the liquidation of a corporate debtor. Gokul Aggarwal claimed to have offered the entire principal amount claimed by the Bank of India. Two financial creditors have expressed their opinion to accept the settlement given by the Appellant. The Bank of Baroda sent a mail that steps be taken for CoC's consideration under 12A. There was a delay of 12 days in filing the appeal, attributed to the appellant's health ailments and difficulty in seeking timely legal advice. There was also a delay of 34 days in re-filing the appeal due to defects pointed out, and the appellant's authorized signatory residing outside Delhi. The appellant is required to provide the email address and mobile number of the respondents to the

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## Issues and analysis

### Issue 1: Whether the delay in filing …

**Ratio:** Sufficient cause for delay is a

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**Reasoning:** The appellant cited health ailments and difficulty in seeking timely legal advice as

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**Interpretation:** The court considered the explanation provided by the appellant and determined

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**Application:** The court applied the principle of condoning delay when sufficient cause is

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Gokul Agg…
- **Respondents:** BANK OF INDIA &…

## Timeline

- **2024-05-28 — Order Da…**: Order was passed condoning the delay in filing and re-filing the appeal, issuing notice…
- **2024-07-09 — Next Hearin…**: The appeal is listed for…

## 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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