# In the matter of Govind Rubber Ltd. vs. Central Bank of India & Ors. I.A. No. 2016 of 2023 in Company Appeal (AT) (Insolvency) No. 606 of 2023

> NCLAT judgment dated 2023-05-15. Citation: TCN-2023-NCLAT-00533. The Appellant filed applications I.A. No. 1042 of 2022, 2237 of 2022, and other subsequent…

- **Court:** NCLAT
- **Order date:** 15 May 2023
- **Citation:** TCN-2023-NCLAT-00533
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/govind-rubber-ltd-vs-central-bank-of-india-ors-ia-no-2016-of-2023-in-company-app-604a4a70

## Summary

### Background

The Appellant filed applications I.A. No. 1042 of 2022, 2237 of 2022, and other subsequent applications pending consideration before the Adjudicating Authority. The Appellant claims to be the new management that has taken over the Corporate Debtor but is unable to run the Corporate Debtor successfully due to the non-disposal of the application. The applications have been listed on June 2, 2023.

## Facts

Govind Rubber Ltd., the Appellant, filed applications I.A. No. 1042 of 2022 and 2237 of 2022, among others, which are pending consideration before the Adjudicating Authority. The Appellant asserts that it is the new management of the Corporate Debtor. Due to the non-disposal of the applications, the Appellant claims it is unable to successfully manage the Corporate Debtor. These applications were scheduled to be heard on June 2, 2023. The Adjudicating Authority had already fixed a date for the matter.

## Issues and analysis

### Issue 1: Whether the Appellate Tribunal should entertain the appeal given that the Adjudicating Authority …

**Ratio:** The Appellate Tribunal may decline to entertain an appeal if the Adjudicating Authority

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**Reasoning:** The court reasoned that since the Adjudicating Authority had already fixed a date for the

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**Interpretation:** This interpretation suggests a principle of judicial efficiency and deference

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**Application:** In this specific case, the court applied the ratio by declining to entertain

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Govind Rubb…
- **Respondents:** Central bank of…
- **Advocates:** Raghav…

## Timeline

- **2023-05-15 — Appellant's Su…**: Learned Counsel for the Appellant submits that Appellant has filed Applications I.A. No.…
- **2023-06-02 — Applications…**: Learned Counsel for the Appellant submits that Applications have been listed on 2nd June,…

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