# In the matter of IFCI Ltd Vs Indu Techzone Pvt Ltd CA (AT) No. 487-2019

> NCLAT judgment dated 2019-05-06. Citation: TCN-2019-NCLAT-00580. The case involves an appeal preferred by the Appellant, IFCI Ltd., against an order of…

- **Court:** NCLAT
- **Order date:** 6 May 2019
- **Citation:** TCN-2019-NCLAT-00580
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ifci-ltd-vs-indu-techzone-pvt-ltd-ca-6af1573a

## Summary

### Background

The case involves an appeal preferred by the Appellant, IFCI Ltd., against an order of adjournment. The order notes the presence of counsel representing both sides and the Enforcement Directorate (ED). Time was requested and granted for making submissions. The matter was scheduled to be put up on 22.04.2019.

## Facts

IFCI Ltd. filed an appeal against an order of adjournment. Counsel for both sides and the Enforcement Directorate were present. The court granted time for submissions. The matter was scheduled for further hearing on 22.04.2019. The court determined that there was no cause of action to prefer the appeal and dismissed it. The court considered imposing costs but did not, at the request of the appellant's counsel.

## Issues and analysis

### Issue 1: Whether there was a valid cause of action to prefer …

**Ratio:** An appeal can only be maintained if

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**Reasoning:** The court determined that there was no cause of action to prefer the appeal against the

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**Interpretation:** The court interpreted the circumstances surrounding the adjournment and

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**Application:** The court applied the principle that an appeal requires a valid cause of action

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…
- **Appellants:** IFCI…
- **Respondents:** Indu Techzone…

## Timeline

- **2019-05-06 — Appeal Pre…**: The Appellant, IFCI Ltd., preferred an…
- **2019-04-22 — Matter to be…**: The matter was scheduled to…

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