# In the matter of Jayashree Mohan
Vs.
Pathukasahasram Raghunathan Raman Comp App (AT)(CH)(Ins) No.213 of 2022

> NCLAT judgment dated 2022-06-20. Citation: TCN-2022-NCLAT-00413. The case involves an appeal against an order dated 24.05.2022 passed in IA/320/CHE/2021,…

- **Court:** NCLAT
- **Order date:** 20 Jun 2022
- **Citation:** TCN-2022-NCLAT-00413
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/jayashree-mohan-vs-pathukasahasram-raghunathan-raman-comp-app-0c5fff2c

## Summary

### Background

The case involves an appeal against an order dated 24.05.2022 passed in IA/320/CHE/2021, MA/1066/2019, IA/383/CHE/2021, MA/820/2019 in CP/1156/IB/2018 by the Adjudicating Authority (National Company Law Tribunal, Division Bench-1, Chennai). The impugned order pertained to the handing over of original title documents by Ms. Jayashree Mohan to the Liquidator. The appellant claimed the order suffered from infirmity and lacked sufficient reasoning.

## Facts

Ms. Jayashree Mohan, wife of the erstwhile suspended Board of Director Mr. Mohan, was directed to hand over original title documents of two flats in Siruseri and factory land documents to the Liquidator by 10.06.2022. The Adjudicating Authority passed an order on 24.05.2022 in IA/320/CHE/2021 in CP/1156/IB/2018. The Appellant, Ms. Jayashree Mohan, filed an appeal against this order, claiming it suffered from infirmity and lacked sufficient reasoning. The Liquidator argued that the Appellant had not raised any issue for 850 days and had moved an Interlocutory Application under Section 19(2) of the Insolvency & Bankruptcy Code, 2016. The Appellant's grievance was that the order was bereft of reasons and lacked necessary qualitative and quantitative explanations. The

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## Issues and analysis

### Issue 1: Whether the 'Impugned Order' dated 24.05.2022 suffers from serious 'infirmity' in the 'eye of law' …

**Ratio:** A 'Reasoned Order' is considered 'just and fair'. An order lacking qualitative and

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**Reasoning:** The tribunal found that the impugned order lacked sufficient qualitative and quantitative

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**Interpretation:** The absence of clear reasoning in a judicial order can render it infirm and

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**Application:** The tribunal applied the principle that an order must be reasoned to the

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## Parties

- **Judges:** M. Venu…; KanthiNar…
- **Appellants:** Jayashree…
- **Respondents:** Pathukasahasram…

## Timeline

- **2022-05-24 — Impugned Ord…**: Date of the impugned order passed by the Adjudicating Authority in IA/320/CHE/2021 in…
- **2022-06-20 — Hearing…**: Date of hearing before the National…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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