# In the matter of Hitesh R. Jobalia Vs. Dena Bank (Now known as Bank of Baroda) & Anr. CA(AT)(Ins)No. 1135-2019

> NCLAT judgment dated 2019-10-25. Citation: TCN-2019-NCLAT-00185. The case involves an appeal filed by the appellant against an order dated September 5, 2019.…

- **Court:** NCLAT
- **Order date:** 25 Oct 2019
- **Citation:** TCN-2019-NCLAT-00185
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/hitesh-r-jobalia-vs-dena-bank-041095bd

## Summary

### Background

The case involves an appeal filed by the appellant against an order dated September 5, 2019. The order pertained to the admission of a petition by the Financial Creditor and the appointment of Mr. Fanendra H. Munot as the Interim Resolution Professional (IRP).

## Facts

The appellant, Hitesh R. Jobalia, filed an appeal against an order dated September 5, 2019. The order admitted a petition by the Financial Creditor and appointed Mr. Fanendra H. Munot as the IRP. However, no final judgment was delivered because the Hon'ble Member (Judicial) had relinquished their charge. The court allowed the appellant to mention the matter before the NCLT Mumbai Bench for a reasoned order.

## Issues and analysis

### Issue 1: Whether the appellant should be allowed to mention the matter before the concerned bench of the …

**Ratio:** The court has the power to allow parties to bring matters to the attention of lower

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**Reasoning:** The court noted that no final judgment was delivered and that the Hon'ble Member

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**Interpretation:** The court interpreted its power to include the ability to direct lower courts

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**Application:** The court applied this principle to the specific facts of the case, allowing

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## Parties

- **Judges:** S.J. Mukhop…; Venugop…; +1 more
- **Appellants:** Hitesh R. J…
- **Respondents:** Dena Bank (Now…
- **Advocates:** Krishnendu…; Harmish…; +1 more

## Timeline

- **2019-09-05 — Impugned Ord…**: Order was passed admitting the petition by the Financial Creditor and appointing Mr.…
- **2019-10-25 — Appeal Disp…**: The court allowed the appellant to mention the matter before the NCLT Mumbai Bench for a…

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